Alberta Regulation 113/2014
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 225/2014)
on June 17, 2014 pursuant to section 15 of the Justice of the Peace Act.
1 The Justice of the Peace Regulation (AR 6/99) is
amended by this Regulation.
2 Section 1 is amended
(a) by adding the following after clause (a):
(a.01) "justice of the peace" means a justice of the peace who
is appointed under the Act as a justice of the peace and
includes an ad hoc justice of the peace but does not
include a non-presiding justice of the peace unless the
context requires otherwise.
(b) by repealing clauses (a.1) and (b).
3 Section 6 is amended
(a) by repealing subsection (1) and substituting the
following:
Remuneration - full-time justices of the peace
6(1) The annual salary for a full-time justice of the peace is as
follows:
(a) for the year from April 1, 2008 to March 31, 2009,
$117 480;
(b) for the year from April 1, 2009 to March 31, 2010,
$125 000;
(c) for the year from April 1, 2010 to March 31, 2011,
$129 375;
(d) for the year from April 1, 2011 to March 31, 2012,
$134 550;
(e) for the year from April 1, 2012 to March 31, 2013,
$139 932.
(b) in subsection (2)
(i) by striking out "subsection (1), a full-time sitting
justice and a full-time presiding justice are" and
substituting "subsection (1), a full-time justice of the
peace is";
(ii) by repealing clause (a) and substituting the
following:
(a) effective April 1, 2008, in lieu of pension benefits,
to an additional amount of 13.1% of his or her
salary, and
4 Section 8 is amended
(a) by repealing subsections (1) and (1.1) and
substituting the following:
Remuneration - part-time justices of the peace
8(1) The remuneration for a part-time justice of the peace
working an 8-hour shift is as follows:
(a) for the year from April 1, 2008 to March 31, 2009,
$740;
(b) for the year from April 1, 2009 to March 31, 2010,
$786;
(c) for the year from April 1, 2010 to March 31, 2011,
$813;
(d) for the year from April 1, 2011 to March 31, 2012,
$844;
(e) for the year from April 1, 2012 to March 31, 2013,
$877.
(1.1) The remuneration for a part-time justice of the peace
working a 4-hour shift is 50% of the remuneration set out in
subsection (1) for the applicable time period.
(b) in subsection (2)
(i) by striking out "sitting justice or a part-time presiding
justice" and substituting "justice of the peace";
(ii) by striking out "section 8.1" and substituting
"sections 8.1 and 8.2".
5 Section 8.1 is repealed and the following is substituted:
Evening, night, weekend and holiday shift differentials
8.1(1) For the purposes of this section,
(a) "day shift" means a shift that starts at or after 7:00 a.m. and
ends at or before 7:00 p.m.;
(b) "evening shift" means
(i) in respect of an 8-hour shift, a shift that starts at or after
12 noon and ends at or before 12 midnight, or
(ii) in respect of a 4-hour shift, a shift that starts after 3:00
p.m. and ends at or before 12 midnight;
(c) "holiday" means New Year's Day, Family Day, Good
Friday, Easter Monday, Victoria Day, Canada Day, Civic
Holiday, Labour Day, Thanksgiving Day, Remembrance
Day, Christmas Day, Boxing Day and the Christmas floater
as identified each year by the Public Service Commissioner
for members of the public service of the Province;
(d) "night shift" means a shift other than a day shift or an
evening shift;
(e) "weekday" means the time commencing immediately on the
beginning of a Monday and ending at the end of a Friday, but
does not include where this time falls on a holiday;
(f) "weekend" means the time commencing immediately on the
beginning of a Saturday and ending at the end of a Sunday,
except when this time falls on a holiday.
(2) Commencing April 1, 2008, over and above the remuneration
payable under section 6 or 8, as the case may be, a justice of the
peace is entitled to a payment as follows for work during the
following times:
(a) weekday evening shift - $6.25 per hour;
(b) weekday night shift - $12.50 per hour;
(c) weekend day shift - $6.25 per hour;
(d) weekend evening shift - $9.50 per hour;
(e) weekend night shift - $18.75 per hour;
(f) holiday day shift - $9.50 per hour;
(g) holiday evening shift - $12.50 per hour;
(h) holiday night shift - $25.00 per hour.
(3) Payment for work under subsection (2) is to be made at the
hourly rate applicable at the time the work shift is scheduled to
commence.
6 The following is added after section 8.1:
Professional allowance
8.2(1) Subject to subsections (2) to (4), effective April 1, 2012, a
full-time or part-time justice of the peace is entitled to claim an
annual professional allowance of not more than $2000 for expenses
incurred for any or all of the following purposes, as authorized by
the Chief Judge or his or her delegate:
(a) the attendance at relevant conferences that are related to the
carrying out of the duties and functions of a justice of the
peace;
(b) the purchase of books and journals that are related to the
carrying out of the duties and functions of a justice of the
peace;
(c) the maintenance of memberships in professional
organizations;
(d) the purchase of security systems for a justice of the peace's
home and the monthly service charges for those systems;
(e) the purchase of attire required for the carrying out of the
duties and functions of a justice of the peace.
(2) Any unused portion of the annual professional allowances for
the time from April 1, 2012 to March 31, 2014 may be carried
forward so that the maximum total amount of annual professional
allowances that may be claimed under subsection (1) for the time
period from April 1, 2012 to March 31, 2015 is $6000.
(3) Claims for the annual professional allowances in respect of
expenses incurred from April 1, 2012 to March 31, 2015 must be
submitted by March 31, 2015 in order to be eligible for
reimbursement.
(4) A claim for the annual professional allowance must be
accompanied by itemized receipts for all expenses claimed.
7 Schedule 1 is amended
(a) in section 1 by striking out "sitting justice of the peace
and a full-time presiding";
(b) in section 2(2) by striking out "sitting and full-time
presiding";
(c) in section 4
(i) by repealing subsection (1) and substituting
the following:
4(1) Effective April 1, 2008, full-time justices are
entitled to vacation of 30 working days per year.
(ii) in subsection (3) by striking out "1.67" and
substituting "2.5";
(d) in section 4.1(1)(c) by striking out "sitting justice of the
peace or a full-time presiding";
(e) in section 2 of the Subschedule by striking out
"sitting justices of the peace and full-time presiding".
8 In Schedule 2, the heading is amended by adding "of the
Peace" after "Justices".
9 This Regulation is retroactive to the extent necessary to
implement each of its provisions and otherwise comes into
force on July 1, 2014.
--------------------------------
Alberta Regulation 114/2014
Police Act
POLICE SERVICE AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 226/2014)
on June 17, 2014 pursuant to section 61 of the Police Act.
1 The Police Service Regulation (AR 356/90) is amended
by this Regulation.
2 Section 10.6 is amended by adding the following after
subsection (1):
(2) The person in charge of the investigation shall advise the chief
of police and the police officer in writing if, at any time after
advising the chief of police and the officer under subsection (1) of
the officer's status, the officer in charge decides that an officer
formerly considered to be a subject officer is now considered to be a
witness officer or an officer formerly considered to be a witness
officer is now considered to be a subject officer.
(3) If, after interviewing a police officer who was considered to be a
witness officer when the interview was requested or after obtaining a
copy of the notes of a police officer who was considered to be a
witness officer when the notes were requested, the person in charge
of the investigation decides that the police officer is a subject officer,
the person in charge shall
(a) advise the chief of police and the officer in writing that the
officer is now considered to be a subject officer,
(b) give the police officer the original and all copies of the
record of the interview, if any, and
(c) give the chief of police the original and all copies of the
police officer's notes.
--------------------------------
Alberta Regulation 115/2014
Public Health Act
REGULATED MATTER AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 237/2014)
on June 17, 2014 pursuant to section 66 of the Public Health Act.
1 The Regulated Matter Regulation (AR 174/99) is amended
by this Regulation.
2 Section 3 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
Alberta Regulation 116/2014
Insurance Act
DIAGNOSTIC AND TREATMENT PROTOCOLS REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 239/2014)
on June 17, 2014 pursuant to section 573 of the Insurance Act.
Table of Contents
1 Definitions
Part 1
Application and Operation
2 Application of this Regulation
3 Authorization for additional services or supplies
4 Interpretative bulletins and information circulars
5 Prescribed fees
Part 2
Diagnosis and Treatment Protocols
Division 1
Diagnosis and Treatment Protocol for Strains and Sprains
6 Protocols established
7 Developing the diagnosis for strains or sprains
8 Treatment protocols for strains and sprains
9 Diagnostic and treatment authorization for strains and sprains
Division 2
Diagnostic and Treatment Protocol for WAD Injuries -
Cervical, Thoracic, Lumbar and Lumbosacral
10 Protocols established
11 Developing the diagnosis for WAD injuries
12 Diagnostic criteria: WAD I and WAD II injuries
13 Treatment protocols: WAD I and WAD II injuries
14 Diagnostic and treatment authorization
Division 3
Treatment Limits and Referrals
15 Aggregate limits on visits
16 Referral to injury management consultant
Part 3
Injury Management Consultants Register
17 Register established
18 Eligibility requirements
19 Ceasing to be an injury management consultant
Part 4
Claims and Payment of Claims
20 Definitions
21 Priority of this Part
22 Claims
23 Decision by insurer
24 Failure of insurer to respond
25 Subsequent denial of liability
26 Making and paying claims
27 Sending notices
28 Multiple claims
Part 5
Review and Repeal
29 Review
30 Repeal
31 Coming into force
Definitions
1(1) In this Regulation,
(a) "chiropractor" means a person who is a regulated member of
the Alberta College and Association of Chiropractors under
the Health Professions Act;
(b) "evidence-informed practice" means the conscientious,
explicit and judicious use of current best practice in making
decisions about the care of a patient, integrating individual
clinical expertise with the best available external clinical
evidence from systematic research;
(c) "health care practitioner" means
(i) a chiropractor,
(ii) a physical therapist, or
(iii) a physician;
(d) "history", in respect of a patient's injury, means
(i) how the injury occurred,
(ii) the current symptoms the patient is experiencing,
(iii) the patient's relevant past history, including physical,
psychological, emotional, cognitive and social history,
and
(iv) how the patient's physical functions have been affected
by the injury;
(e) "IMC register" means the register of injury management
consultants established under section 17;
(f) "injury management consultant" means a health care
practitioner who is entered on the IMC register in accordance
with Part 3;
(g) "insurer" has the same meaning as it has in the Automobile
Accident Insurance Benefits Regulations (AR 352/72);
(h) "International Classification of Diseases" means the most
recent edition of the publication titled the International
Statistical Classification of Diseases and Related Health
Problems, Canada, published by the Canadian Institute of
Health Information, based on a publication issued from time
to time titled the International Statistical Classification of
Diseases and Related Health Problems, published by the
World Health Organization;
(i) "patient" means an insured person as defined in the
Automobile Accident Insurance Benefits Regulations
(AR 352/72);
(j) "physical therapist" means a person who is a regulated
member of the College of Physical Therapists of Alberta
under the Health Professions Act;
(k) "physician" means a person who is a regulated member of
the College of Physicians and Surgeons of Alberta under the
Health Professions Act;
(l) "prescribed claim form" means the form established by the
Minister under section 803 of the Insurance Act;
(m) "protocols" means the diagnostic and treatment protocols
established by this Regulation;
(n) "spine" means the column of bone known as the vertebral
column that surrounds and protects the spinal cord;
(o) "sprain" means an injury to one or more of the tendons or
ligaments, or to both;
(p) "strain" means an injury to one or more muscles;
(q) "Superintendent" means the Superintendent of Insurance
appointed under the Insurance Act;
(r) "WAD injury" means a whiplash associated disorder other
than one that exhibits one or both of the following:
(i) objective, demonstrable, definable and clinically
relevant neurological signs;
(ii) a fracture to or a dislocation of the spine.
(2) For the purpose of section 573 of the Act, "assessment" includes
diagnosis.
Part 1
Application and Operation
Application of this Regulation
2(1) This Regulation applies only in cases where
(a) a patient wishes to be diagnosed and treated in accordance
with the protocols for a sprain, strain or WAD injury caused
by an accident arising from the use or operation of an
automobile, and
(b) a health care practitioner chooses to diagnose and treat the
patient's sprain, strain or WAD injury in accordance with the
protocols.
(2) This Regulation, except section 16(5) and Part 4, ceases to apply in
respect of an injury
(a) 90 days after the date of the accident, or
(b) when the aggregate number of visits authorized by this
Regulation has been reached,
whichever occurs first.
Authorization for additional services or supplies
3 Nothing in this Regulation prevents or limits a patient or a health
care practitioner from applying to an insurer for an authorization for a
service or supply in addition to the limits specified by this Regulation,
and the insurer may, in accordance with the Automobile Accident
Insurance Benefits Regulations (AR 352/72), approve the additional
service or supply.
Interpretative bulletins and information circulars
4 The Superintendent may issue interpretative bulletins and
information circulars
(a) describing the anticipated roles and general expectations of
those persons affected by or who have an interest in the
implementation, application and administration of the
protocols;
(b) respecting the administration, implementation and operation
of the protocols;
(c) respecting any other matter the Superintendent considers
appropriate.
Prescribed fees
5(1) The Superintendent may prescribe the fees and disbursements or
the maximum fees and disbursements to be charged or paid for any
service, diagnostic imaging, laboratory testing, specialized testing,
supply, treatment, visit, therapy, assessment or making a report under
this Regulation, or any other activity or function necessitated by,
described in or referred to in this Regulation.
(2) The fees and disbursements or maximum fees and disbursements
prescribed under subsection (1) must be published in The Alberta
Gazette.
(3) If the Superintendent prescribes maximum fees and disbursements
under subsection (1), no person shall charge or collect a fee or a
disbursement that is greater than those maximum fees or
disbursements, as the case may be.
Part 2
Diagnosis and Treatment Protocols
Division 1
Diagnosis and Treatment
Protocol for Strains and Sprains
Protocols established
6 Sections 7 to 9 are established as protocols for the diagnosis and
treatment of strains and sprains.
Developing the diagnosis for strains or sprains
7(1) With reference to the International Classification of Diseases and
using evidence-informed practice, a diagnosis of a strain or sprain is to
be established by a health care practitioner using the following
process:
(a) taking a history of the patient;
(b) examining the patient;
(c) making an ancillary investigation;
(d) identifying
(i) the muscle or muscle groups injured, or
(ii) the tendons or ligaments, or both, that are involved and
the specific anatomical site of the injury.
(2) If a strain or sprain is diagnosed, the diagnostic criteria to be used
to determine the degree of severity of the injury are set out in the
following tables, extracted from Orthopedic Physical Assessment by
David J. Magee, (6th edition), (2014), pg 32, with permission from
Elsevier Inc.:
1. Diagnosis of strains:
1st degree
strain
2nd degree
strain
3rd degree strain
Definition of
the degree of
strain
Few fibres
of muscle
torn
About half of
muscle fibres
torn
All muscle fibres torn
(rupture)
Mechanism
of injury
Overstretch
Overload
Overstretch
Overload
Crushing
Overstretch
Overload
Onset
Acute
Acute
Acute
Weakness
Minor
Moderate to
major (reflex
inhibition)
Moderate to major
Disability
Minor
Moderate
Major
Muscle
spasm
Minor
Moderate to
major
Moderate
Swelling
Minor
Moderate to
major
Moderate to major
Loss of
function
Minor
Moderate to
major
Major (reflex
inhibition)
Pain on
isometric
contraction
Minor
Moderate to
major
None to minor
Pain on
stretch
Yes
Yes
Not if it is the only
tissue injured;
however, other
structures may suffer
1st degree or 2nd
degree injuries and be
painful
Joint play
Normal
Normal
Normal
Palpable
defect
No
No
Yes (if detected early)
Range of
motion
Decreased
Decreased
May increase or
decrease depending on
swelling
2. Diagnosis of sprains:
1st degree
sprain
2nd degree
sprain
3rd degree sprain
Definition of
the degree of
sprain
Few fibres
of ligament
torn
About half of
ligament torn
All fibres of ligament
torn
Mechanism
of injury
Overstretch
Overload
Overstretch
Overload
Overstretch
Overload
Onset
Acute
Acute
Acute
Weakness
Minor
Minor to
moderate
Minor to moderate
Disability
Minor
Moderate
Moderate to major
Muscle
spasm
Minor
Minor
Minor
Swelling
Minor
Moderate
Moderate to major
Loss of
function
Minor
Moderate to
major
Moderate to major
(instability)
Pain on
isometric
contraction
None
None
None
Pain on
stretch
Yes
Yes
Not if it is the only
tissue injured;
however, other
structures may suffer
1st degree or 2nd
degree injuries and be
painful
Joint play
Normal
Normal
Normal to excessive
Palpable
defect
No
No
Yes (if detected early)
Range of
motion
Decreased
Decreased
May increase or
decrease depending on
swelling; dislocation
or subluxation
possible
Treatment protocols for strains and sprains
8 A strain or sprain is to be treated by
(a) educating the patient with respect to at least the following
matters:
(i) the desirability of an early return to one or more of the
following, as applicable:
(A) the patient's employment, occupation or
profession;
(B) the patient's training or education in a program or
course;
(C) the normal activities of the patient's daily living;
(ii) an estimate of the probable length of time that
symptoms will last;
(iii) the expected course of recovery;
(b) managing inflammation and pain, as required,
(i) by the protected use of ice;
(ii) by elevating the injured area;
(iii) by compression;
(iv) by using reasonable and necessary equipment to protect
a sprained joint during the acute phase of recovery;
(c) teaching the patient about maintaining flexibility, balance,
strength and the functions of the injured area;
(d) giving advice about self-care and expected return to one or
more of the activities described in clause (a)(i)(A) to (C);
(e) discussing the disadvantage of extended dependence on
health care providers and passive modalities of care;
(f) subject to section 9(3), providing treatment that is
appropriate and within the scope of practice of the health care
practitioner providing it, and that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury;
(g) any other adjunct therapy that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury and that is linked to the continued
clinical improvement of the patient.
Diagnostic and treatment authorization for strains and sprains
9(1) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a 1st degree, 2nd degree or 3rd degree
strain or sprain,
(a) one visit to a health care practitioner for an assessment of the
injury, including the preparation of a treatment plan and
prescribed claim form, if required, which is in addition to the
visits that may be authorized under subsection (2);
(b) necessary diagnostic imaging, laboratory testing and
specialized testing;
(c) necessary medication as determined by the health care
practitioner;
(d) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(2) Subject to the limits described in section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize, for the treatment of a 1st degree or 2nd degree strain or
sprain, not more than a combined total of 10 physical therapy,
chiropractic and adjunct therapy visits to provide the treatment
described in section 8.
(3) Under these protocols, a health care practitioner may not use a
visit to treat a 1st degree or 2nd degree strain or sprain to a peripheral
joint by a deliberate, brief, fast thrust to move the joints of the spine
beyond the normal range but within the anatomical range of motion,
which generally results in an audible click or pop.
(4) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a 3rd degree strain or sprain,
(a) necessary diagnostic imaging, laboratory testing and
specialized testing;
(b) necessary medication as determined by the health care
practitioner;
(c) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(5) Subject to the limits described in section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize, for the treatment of a 3rd degree strain or sprain, a combined
total of 21 physical therapy, chiropractic and adjunct therapy visits to
provide the treatment described in section 8, and in particular
definitive care of specific muscles, muscle groups, tendons or
ligaments at specific anatomical sites, including, as required,
(a) immobilization,
(b) strengthening exercises,
(c) surgery, and
(d) if surgery is required, post-operative rehabilitation therapy.
Division 2
Diagnostic and Treatment Protocol
for WAD Injuries - Cervical, Thoracic,
Lumbar and Lumbosacral
Protocols established
10 Sections 11 to 14 are established as protocols for the diagnosis
and treatment of WAD injuries.
Developing the diagnosis for WAD injuries
11 Through the use of evidence-informed practice, a diagnosis of a
WAD injury is to be established by a health care practitioner using the
following process:
(a) taking a history of the patient;
(b) examining the patient;
(c) making an ancillary investigation;
(d) identifying the anatomical sites.
Diagnostic criteria: WAD I and WAD II injuries
12(1) If a WAD injury is diagnosed, the following criteria are to be
used to diagnose the WAD I injury:
(a) complaints of spinal pain, stiffness or tenderness;
(b) no demonstrable, definable and clinically relevant physical
signs of injury;
(c) no objective, demonstrable, definable and clinically relevant
neurological signs of injury;
(d) no fractures to or dislocation of the spine.
(2) If a WAD I injury is diagnosed, no further investigation of the
injury is warranted, unless there is cause to do so.
(3) If a WAD injury is diagnosed, the following criteria are to be used
to diagnose the WAD II injury:
(a) complaints of spinal pain, stiffness or tenderness;
(b) demonstrable, definable and clinically relevant physical signs
of injury, including
(i) musculoskeletal signs of decreased range of motion of
the spine, and
(ii) point tenderness of spinal structures affected by the
injury;
(c) no objective, demonstrable, definable and clinically relevant
neurological signs of injury;
(d) no fracture to or dislocation of the spine.
(4) An investigation to determine a WAD II injury and to rule out a
more severe injury may include
(a) for cervical spine injuries, radiographic series in accordance
with The Canadian C-Spine Rule for Radiography in Alert
and Stable Trauma Patients, published in the Journal of the
American Medical Association, October 17, 2001 - Volume
286, No. 15;
(b) for thoracic, lumbar and lumbosacral spine injuries,
radiographic series appropriate to the region of the spine that
is injured, if the patient has one or more of the following
characteristics:
(i) an indication of bone injury;
(ii) an indication of significant degenerative changes or
instability;
(iii) an indication of polyarthritis;
(iv) an indication of osteoporosis;
(v) a history of cancer.
(5) The use of magnetic resonance imaging or computerized
tomography is not authorized under these protocols, unless 3 plain
view films are equivocal or there are objective neurological or clinical
findings.
Treatment protocols: WAD I and WAD II injuries
13 A WAD I or WAD II injury is to be treated by
(a) educating the patient with respect to at least the following
matters:
(i) the desirability of an early return to one or more of the
following, as applicable:
(A) the patient's employment, occupation or
profession;
(B) the patient's training or education in a program or
course;
(C) the normal activities of the patient's daily living;
(ii) an estimate of the probable length of time that
symptoms will last, the estimated course of recovery
and the length of the treatment process;
(iii) reassurance that there is likely no serious currently
detectable underlying cause of the pain;
(iv) that the use of a soft collar is not advised;
(v) the probable factors that are responsible for other
symptoms the patient may be experiencing that are
temporary in nature and that are not reflective of tissue
damage;
(b) giving advice about self-care and expected return to one or
more of the activities described in clause (a)(i)(A) to (C);
(c) discussing the disadvantage of extended dependence on
health care providers and passive modalities of care;
(d) prescribing medication, including the appropriate use of
analgesics, which may include short-term use of non-opioid
analgesics, non-steroidal anti-inflammatory drugs or muscle
relaxants for the sole purpose of treating spinal injury, but
under these protocols narcotics are not authorized for
reimbursement for the treatment of WAD injuries;
(e) any of the following as appropriate:
(i) pain management;
(ii) exercise;
(iii) early return to normal activities;
(iv) cryo and thermal therapy;
(v) preparing the patient for a return to one or more of the
activities described in clause (a)(i)(A) to (C);
(f) providing treatment that is appropriate and within the scope
of practice of the health care practitioner providing it, and
that, in the opinion of the health care practitioner, is
necessary for the treatment or rehabilitation of the injury;
(g) any other adjunct therapy that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury and that is linked to the continued
clinical improvement of the patient.
Diagnostic and treatment authorization
14(1) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a WAD I or WAD II injury,
(a) one visit to a health care practitioner for an assessment of the
injury, including the preparation of a treatment plan and
prescribed claim form, if required, which is in addition to the
visits that may be authorized under subsection (2);
(b) necessary diagnostic imaging, laboratory testing and
specialized testing;
(c) necessary medication as determined by the health care
practitioner;
(d) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(2) Subject to the limits described in section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize,
(a) for the treatment of a WAD I injury, not more than a
combined total of 10 physical therapy, chiropractic and
adjunct therapy visits to provide the treatment as described in
section 13, and
(b) for the treatment of a WAD II injury, not more than a
combined total of 21 physical therapy, chiropractic and
adjunct therapy visits to provide the treatment described in
section 13.
Division 3
Treatment Limits and Referrals
Aggregate limits on visits
15(1) Except as otherwise specifically provided in this Regulation, if
a patient is diagnosed and treated under these protocols for 2 or more
injuries,
(a) only one visit for an assessment of the injuries by a health
care practitioner is authorized by these protocols;
(b) if the injuries are diagnosed as a 1st degree strain, 2nd degree
strain, 1st degree sprain or 2nd degree sprain or WAD I
injury, the cumulative total of visits for the 2 or more injuries
that may be authorized under the protocols, without the
approval of the insurer, may not exceed 10;
(c) if one or more of the injuries described in clause (b) and one
or more of
(i) a 3rd degree strain for which treatment is authorized,
(ii) a 3rd degree sprain for which treatment is authorized, or
(iii) a WAD II injury
are diagnosed, the cumulative total of visits for the 2 or more
injuries that may be authorized under the protocols, without
the approval of the insurer, may not exceed 21;
(d) if 2 or more of
(i) a 3rd degree strain,
(ii) a 3rd degree sprain, or
(iii) a WAD II injury
are diagnosed, the cumulative total of visits for the 2 or more
injuries that may be authorized under these protocols,
without the approval of the insurer, may not exceed 21.
(2) Despite anything to the contrary in this Regulation,
(a) an authorization by a health care practitioner for anything
permitted by these protocols must be in writing and issued
within 90 days of the date of the accident in which the patient
was injured,
(b) an authorization under these protocols expires 90 days after
the date of the accident in which the patient was injured,
unless the authorization is approved by an insurer for use
after the 90 days, and
(c) an authorization may be issued in respect of the person who
issues the authorization.
(3) If, after an assessment, a physical therapist or a chiropractor
diagnoses an injury as one to which these protocols do not apply, these
protocols authorize a claim under Part 4 for the assessment.
Referral to injury management consultant
16(1) A health care practitioner may authorize a visit by, and an
assessment of, a patient to an injury management consultant if the
health care practitioner
(a) is uncertain about an injury to which the protocols apply or
the diagnosis or treatment of it, or
(b) believes that the injury
(i) is not resolving appropriately, or
(ii) is not resolving within the time expected and the
practitioner requires another opinion or report.
(2) If a client is diagnosed with a WAD I or WAD II injury and the
client has any alerting factor that may influence prognosis, the health
care practitioner must seek to reassess the client within 21 days of the
accident and, if the injury is not resolving, authorize a visit by the
client to an injury management consultant for an assessment and
report.
(3) The injury management consultant may complete an assessment
and report that
(a) provides advice about the diagnosis or treatment of the
patient, or
(b) recommends a multi-disciplinary assessment of the injury or
an aspect of the injury and the persons who should be
included in that assessment.
(4) The visit and the cost and expenses related to an assessment and
report by an injury management consultant under this section are
authorized to be claimed under Part 4 and are in addition to the
aggregate limit on visits referred to in section 15.
(5) Notwithstanding anything in this section, a referral submitted by a
health care practitioner, either 90 days after the date of the accident or
after the aggregate number of visits authorized by this Regulation has
been reached, and an assessment and report by an injury management
consultant is authorized only if the insurer approves it.
(6) Except for the visit, assessment and report described in this
section, no further visit, assessment or report by an injury management
consultant in respect of the same injury is authorized by these
protocols, unless the insurer approves of it.
Part 3
Injury Management
Consultants Register
Register established
17(1) The Superintendent must establish, maintain and administer a
register of injury management consultants.
(2) The Superintendent must ensure that the IMC register is published
in a form and manner so that the register is accessible to the public.
Eligibility requirements
18(1) A health care practitioner is an injury management consultant
under this Regulation if, in accordance with this Part,
(a) the Council of the College of Physicians and Surgeons of
Alberta notifies the Superintendent that a physician meets the
requirements set out in subsection (2) and the Superintendent
enters the name of that person on the IMC register;
(b) the Council of the Alberta College and Association of
Chiropractors of Alberta notifies the Superintendent that a
chiropractor meets the requirements set out in subsection (2)
and the Superintendent enters the name of that person on the
IMC register;
(c) the Council of the College of Physical Therapists of Alberta
notifies the Superintendent that a physical therapist meets the
requirements set out in subsection (2) and the Superintendent
enters the name of that person on the IMC register.
(2) A person is eligible to be an injury management consultant if the
person
(a) is an active practising member of that person's profession,
(b) is knowledgeable with respect to the biopsychosocial model,
(c) is knowledgeable with respect to assessing acute and chronic
pain,
(d) is experienced in rehabilitation and disability management,
(e) uses evidence-informed decision-making in his or her
practice, and
(f) meets any additional qualifications established by the
Superintendent and approved by the councils of the colleges
concerned.
Ceasing to be an injury management consultant
19 A person ceases to be an injury management consultant if
(a) the council of the profession concerned notifies the
Superintendent that the person's name is to be removed from
the IMC register, and
(b) the Superintendent removes the person's name from the IMC
register.
Part 4
Claims and Payment of Claims
Definitions
20 In this Part,
(a) "applicant" means a patient or health care practitioner who
sends a completed prescribed claim form to the insurer under
section 22;
(b) "business days" means any day other than a Saturday,
Sunday or other holiday as defined in section 28(1)(x) of the
Interpretation Act;
(c) "prescribed claim form" means the form established by the
Minister under section 803 of the Insurance Act.
Priority of this Part
21 If there is any inconsistency or conflict between this Part and
Section B - Accident Benefits under the Automobile Accident
Insurance Benefits Regulations (AR 352/72), this Part prevails.
Claims
22 A patient or health care practitioner who wishes to make a claim
under this Part must send to the insurer a completed prescribed claim
form, which must include
(a) details of the injury, and
(b) details of the accident that are within the personal knowledge
of the patient,
within 10 business days of the date of an accident or, if that is not
reasonable, as soon as practicable after that.
Decision by insurer
23(1) An insurer, within 5 business days of receiving a completed
prescribed claim form, must send to the applicant a decision notice
(a) approving the claim, or
(b) refusing the claim.
(2) A claim may only be refused by the insurer giving reasons for
refusing the claim, but those reasons are limited to the following:
(a) the person who suffered the injury is not an insured person
under the Automobile Accident Insurance Benefits
Regulations (AR 352/72);
(b) the insurer is not liable to pay as a result of an exclusion
contained in the Special Provisions, Definitions and
Exclusions of Section B under the Automobile Accident
Insurance Benefits Regulations (AR 352/72);
(c) there is no contract of insurance in existence that applies with
respect to the person who suffered the injury;
(d) the injury was not caused as a result of an accident arising
out of the use or operation of an automobile.
Failure of insurer to respond
24 If an insurer does not send a decision notice back to the applicant
within 5 business days of receipt of the applicant's completed
prescribed claim form, the insurer
(a) is deemed to have approved the claim, and
(b) is liable to pay the claim under section 26, unless the claim is
denied under section 25.
Subsequent denial of liability
25(1) If an insurer
(a) approves a claim, or
(b) is deemed to have approved a claim
under this Part, the insurer may subsequently deny liability in
accordance with subsection (2).
(2) Liability may only be denied if an insurer sends notice in writing
to the patient and every person whom, under the prescribed claim
form, the insurer is notified the patient is authorized to visit, or who is
authorized to provide services or supplies to the patient, giving reasons
why liability is denied, but those reasons are limited to the following:
(a) the person who suffered the injury is not an insured person
under the Automobile Accident Insurance Benefits
Regulations (AR 352/72);
(b) the insurer is not liable to pay as a result of an exclusion
contained in the Special Provisions, Definitions and
Exclusions of Section B under the Automobile Accident
Insurance Benefits Regulations (AR 352/72);
(c) there is no contract of insurance in existence that applies with
respect to the person who suffered the injury;
(d) the injury was not caused as a result of an accident arising
out of the use or operation of an automobile.
(3) A valid notice of denial under subsection (2) takes effect on the
date it is received by the person to whom it is sent and, after receipt of
the notice of denial by the patient, the insurer is not liable, under
section 26, to pay any future claim by a person under this Part.
Making and paying claims
26(1) Where anything is authorized under this Regulation, the
authorization may be the subject of a claim under subsection (2).
(2) The insurer must, within 30 days after receiving it, pay a claim that
is authorized by this Regulation or is authorized by a health care
practitioner or injury management consultant under this Regulation,
that,
(a) in the case of an invoice by a health care practitioner, injury
management consultant or provider of an adjunct therapy, is
also verified by the patient concerned, or
(b) in the case of a claim by the patient, a receipt for the benefit
is provided, together with satisfactory evidence that the claim
is authorized by this Regulation or is authorized by a health
care practitioner under this Regulation.
Sending notices
27 Where this Part requires or permits a notice to be sent to a person,
it may be
(a) delivered personally,
(b) mailed,
(c) faxed, or
(d) transmitted by e-mail if both parties have agreed to this
method of sending and receiving notices.
Multiple claims
28 If a person has a claim under these protocols and a claim for other
benefits under provisions of Section B of the Automobile Accident
Insurance Benefits Regulations (AR 352/72), the claimant must
comply with this Regulation and the provisions of Section B,
according to the claim or claims made.
Part 5
Review and Repeal
Review
29 This Regulation must be reviewed
(a) not less than every 2 years from the date this Regulation
comes into force, and
(b) whenever
(i) the Council of the College of Physicians and Surgeons
of Alberta,
(ii) the Council of the Alberta College and Association of
Chiropractors of Alberta, or
(iii) the Council of the College of Physical Therapists of
Alberta
provides written notice to the Superintendent that the
protocols should be reviewed.
Repeal
30(1) The Diagnostic and Treatment Protocols Regulation
(AR 122/2004) is repealed.
(2) Despite subsection (1), the Diagnostic and Treatment Protocols
Regulation (AR 122/2004) continues to apply in respect of accidents
that occur before the coming into force of this Regulation.
Coming into force
31 This Regulation comes into force on July 1, 2014.
--------------------------------
Alberta Regulation 117/2014
Insurance Act
AUTOMOBILE INSURANCE PREMIUMS REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 240/2014)
on June 17, 2014 pursuant to section 608 of the Insurance Act.
Table of Contents
1 Definitions
Approval of Rating Programs for Basic
and Additional Coverage
2 Required approvals
3 Initial filing by existing insurers
4 New insurers
5 Approval of changes to ratings programs
6 Further filings
7 Approval of rating programs
Maximum Premiums for Basic Coverage
for Private Passenger Vehicles
8 Maximum premium for basic coverage
for a private passenger vehicle
9 Annual review
Other Matters
10 Board policies and procedures
11 Information required
12 Use of prescribed forms
Amendments, Review and
Coming into Force
13 Enforcement and Administration Regulation
14 Repeal
15 Expiry
16 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "Act" means the Insurance Act;
(b) "additional coverage" has the same meaning as it has in
section 598(a) of the Act;
(c) "adjust" and "adjustment" mean increase or decrease;
(d) "application for basic coverage" includes an application for
renewal of basic coverage;
(e) "base premium" means the premium determined under
Schedule 3 for basic coverage for 12 months, or if for a
period of less than 12 months, an amount prorated
accordingly;
(f) "basic coverage" means insurance provided for under
sections 571 and 573 of the Act;
(g) "Board" means the Automobile Insurance Rate Board
established under section 599 of the Act;
(h) "consumer representative" means the person appointed to the
Board by the Minister under section 599 of the Act;
(i) "grid" means the grid established by Schedule 2;
(j) "grid step" means the location on the grid corresponding to a
step indicated on the grid;
(k) "insurer" means an insurer that provides basic coverage or
additional coverage, or both;
(l) "policyholder" means the person who holds a policy for basic
coverage or additional coverage, or both;
(m) "private passenger vehicle" means a motor vehicle not
weighing more than 4500 kg that is used for
(i) pleasure,
(ii) driving to or from work or school, or
(iii) business purposes, including farming operations,
but does not include
(iv) a motorcycle, power bicycle or moped,
(v) a vehicle used for commercial purposes, including, but
not limited to,
(A) a vehicle used for transporting individuals for
compensation, delivery of goods, courier or
messenger service, parcel delivery, meal delivery
or driver training,
(B) a vehicle rated under a fleet formula,
(C) a short-term lease or rental vehicle,
(D) a funeral vehicle, or
(E) a vehicle held for sale or used for demonstration or
testing,
(vi) an emergency vehicle as defined in section 1(1)(m) of
the Traffic Safety Act,
(vii) a recreational vehicle,
(viii) an antique vehicle registered under the Traffic Safety
Act as an antique vehicle, or
(ix) an all terrain vehicle, a snow vehicle, a miniature motor
vehicle or any other similar off-highway vehicle;
(n) "rating program" means the rules, criteria, policies or
guidelines of any nature, including rating variables, used or
adopted by an insurer to determine the premiums for basic
coverage or additional coverage, as applicable, to be charged
to or collected from a policyholder;
(o) "rating variable" means a factor used to measure risk under a
rating program.
Approval of Rating Programs for Basic
and Additional Coverage
Required approvals
2(1) No insurer may charge or collect a premium for basic coverage
or additional coverage unless the insurer's rating program with respect
to that coverage has been approved in accordance with this Regulation.
(2) The Superintendent may prohibit the use of any rating variable in
an insurer's rating program.
Initial filing by existing insurers
3(1) An insurer who on coming into force of this section is licensed in
Alberta to undertake the class of automobile insurance and who offers
basic coverage or additional coverage, or both, must, in accordance
with the Board's policies and procedures, file with the Board its rating
program.
(2) A rating program of an insurer referred to in subsection (1) in
effect on the coming into force of this section is deemed to be
approved by the Board for the purpose of section 2, but is subject to a
review under section 7.
New insurers
4(1) An insurer that, under the Act,
(a) becomes, on or after the coming into force of this Regulation,
licensed in Alberta to undertake the class of automobile
insurance and intends to offer basic coverage or additional
coverage, or both, or
(b) is licensed in Alberta to undertake the class of automobile
insurance and is only offering basic coverage or additional
coverage but, on or after the coming into force of this
Regulation, intends to begin offering both basic coverage and
additional coverage
must, in accordance with the Board's policies and procedures, file with
the Board its rating program for basic coverage or additional coverage,
or both, as the case may be.
(2) A rating program filed in accordance with subsection (1) has no
effect until it is approved by the Board under section 7.
Approval of changes to ratings programs
5(1) An insurer must, subject to the Board's policies and procedures,
file with the Board any proposed changes to its rating program.
(2) Proposed changes to a rating program required to be filed under
subsection (1) have no effect until they are approved by the Board
under section 7.
Further filings
6 In addition to a requirement to file a rating program under section
3, 4 or 5, an insurer must, in accordance with the Board's policies and
procedures, file with the Board the insurer's current rating program.
Approval of rating programs
7(1) Where an insurer files a rating program or changes to a rating
program under this Regulation, the Board may, with respect to the
filing, approve, reject or require changes to the rating program or to the
proposed changes.
(2) If the Board rejects or requires changes to a rating program, the
Board must promptly serve on the insurer a written notice of the
Board's decision, and give reasons for the decision.
Maximum Premiums for Basic Coverage
for Private Passenger Vehicles
Maximum premium for basic coverage for a
private passenger vehicle
8(1) With respect to basic coverage for a private passenger vehicle, no
insurer may charge or collect a premium of more than the lesser of
(a) the premium determined in accordance with a rating program
approved under this Regulation, and
(b) the grid premium computed under Schedule 1.
(2) Notwithstanding that the amount referred to under subsection
(1)(a) with respect to basic coverage for a private passenger vehicle is
lower than the grid premium computed under Schedule 1, an insurer
may charge the grid premium if any one or more of the following
apply in respect of the relevant driver of the vehicle:
(a) the relevant driver had 3 or more at-fault claims during the
preceding 6 years;
(b) the relevant driver had a combination of 5 or more serious or
traffic safety convictions in the preceding 3 years;
(c) the relevant driver had one or more criminal code convictions
in the preceding 3 years;
(d) the relevant driver had 2 or more serious traffic safety
convictions in the preceding 3 years;
(e) the relevant driver was convicted of one or more offences for
fraud relating to automobile insurance in the previous 10
years.
(3) Terms defined in Schedules 1 and 4 apply to subsection (2).
Annual review
9(1) The Board must, in accordance with its policies and procedures,
conduct an annual review of automobile insurance trends and
premiums relating to basic coverage and additional coverage for
private passenger vehicles.
(2) The review must consider, on an industry-wide basis,
(a) loss costs, as that term is understood by the Board;
(b) administrative expenses, including commissions, taxes and
general expenses;
(c) profitability;
(d) other matters recommended by the Superintendent and
approved by the Board;
(e) any other matters that the Board considers appropriate.
(3) The Board must publish a preliminary report of its findings of the
review.
(4) Following publication of its preliminary report, the Board must
invite comment from insurers, the consumer representative and the
public and must give at least 30 days for any comments to be provided.
(5) The Board must publish a final report of its findings by September
30 of each year.
(6) The final report must include
(a) the Board's findings on the matters referred to in subsection
(2),
(b) a report of the consumer representative,
(c) the Board's responses to comments received from the
automobile insurance industry, the consumer representative
and the public,
(d) the target for profitability for the following year, and
(e) the target for administrative expenses for the following year.
(7) In addition to, or as part of, an annual review referred to in
subsection (1), the Board must also conduct an open meeting each
year, in accordance with the Board's policies and procedures, to
receive comments from the automobile insurance industry, the
consumer representative and the public.
Other Matters
Board policies and procedures
10(1) The Board must, subject to the approval of the Minister,
establish policies and procedures for the purpose of carrying out its
functions under the Act and this Regulation.
(2) The Board may, from time to time, amend its policies and
procedures established under subsection (1) or establish new policies
and procedures for the purpose of carrying out its functions under the
Act and this Regulation.
(3) The Board shall, within 30 days of making an amendment or
establishing new policies and procedures under subsection (2), provide
notice to the Minister of the amendment or new policies and
procedures.
(4) Amendments made or new policies and procedures established
under subsection (2) may be reviewed by the Minister and the Minister
may require the Board to change its policies and procedures.
Information required
11(1) An insurer must, at the request of the Board, provide any
information to the Board that the Board considers necessary, if the
information can reasonably be obtained by the insurer, taking into
account the cost and practicability of doing so.
(2) For the purposes of carrying out any of its functions under the Act
and this Regulation, the Board may
(a) specify the manner and form in which anything required to
be filed or provided under this Regulation must be provided
to the Board, and
(b) require anything filed with or provided to the Board to be
verified as true and correct by a statutory declaration made
by an officer of the insurer satisfactory to the Board.
Use of prescribed forms
12 An insurer must use any form prescribed by the Minister under
section 803 of the Act.
Amendments, Review and
Coming into Force
Enforcement and Administration Regulation
13 The Enforcement and Administration Regulation (AR 129/2001)
is amended in the Schedule by repealing item 6 and substituting the
following:
6 Automobile Insurance Premiums Regulation - sections 2, 3, 4, 5,
6, 8, 11(1) and 12.
Repeal
14 The Automobile Insurance Premiums Regulation (AR 124/2004)
is repealed.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2020.
Coming into force
16 This Regulation comes into force on the coming into force of
section 14 of the Enhancing Consumer Protection in Auto Insurance
Act.
Schedule 1
Calculation of Grid Premiums
Definitions
1(1) In this Schedule,
(a) "at-fault claim" means, in respect of liability described in
section 571 of the Act or under the same or equivalent
coverage in any other jurisdiction, inside or outside Canada,
(i) a claim paid in respect of that liability for which the
driver is wholly or partially at fault, and
(ii) a claim made in respect of which the insurer has
reasonably determined that a payment will or is likely to
be made as a result of the fault, whole or partial, of the
driver;
(b) "driver training certificate" means a certificate evidencing
successful completion of an approved driver training course
issued by a driver training school licensed under the Traffic
Safety Act or any other school outside Alberta satisfactory to
the insurer;
(c) "driving experience" means the combined time within the
previous 15 years before the date on which the application
for basic coverage is made during which a person has had
(i) a valid operator's licence in Canada, and
(ii) a valid operator's licence in a country outside Canada, if
the person provides evidence satisfactory to the insurer,
but does not include
(iii) the time during which the person held a learner's
operator's permit, and
(iv) a period of time during which the person's operator's
licence was suspended, cancelled or revoked;
(d) "highest rated driver" means the person who has the highest
percentage determined under section 6(1)(b);
(e) "inexperienced driver" means a driver who has less than 8
years' driving experience;
(f) "occasional driver" means an inexperienced driver referred to
in section 4(4)(b);
(g) "relevant date" means
(i) with respect to a driver referred to in section 5(2)(a), the
most recent date on or before September 30, 2004 on
which the basic coverage came into effect;
(ii) with respect to a driver referred to in section 5(2)(b), the
date the basic coverage comes into effect;
(h) "relevant driver" means the person determined to be the
relevant driver under section 4.
(2) For the purpose of determining driving experience, if a driver
obtains a driver training certificate before or within 2 years after
obtaining an operator's licence, the driver is considered to have 2
years' driving experience, but is not considered to have 3 years'
driving experience until the person has actually had 3 years' driving
experience.
(3) For the purpose of section 4(4), an inexperienced driver is a
principal driver of a private passenger vehicle if the inexperienced
driver will be driving the vehicle more than any other driver.
Guidelines
2 The Superintendent may issue guidelines respecting location and
movements on the grid.
Steps to determine grid premium
3 To determine a grid premium in respect of a private passenger
vehicle,
(a) the relevant driver and any occasional driver of the private
passenger vehicle must be determined in accordance with
section 4,
(b) the relevant driver and any occasional driver of the private
passenger vehicle must each be located at a grid step in
accordance with section 5, and
(c) the grid steps at which the relevant driver and any occasional
driver are located must be converted to a dollar amount in
accordance with section 6.
Relevant and occasional drivers
4(1) The relevant driver and any occasional driver of a private
passenger vehicle must be determined in accordance with this section.
(2) If the policyholder has the same number of private passenger
vehicles as there are drivers of those vehicles, each driver must be
matched to a vehicle, and the drivers are the relevant drivers in respect
of the vehicles to which they are matched.
(3) If the policyholder has more private passenger vehicles than there
are drivers of those vehicles,
(a) each driver must be matched to a vehicle, and
(b) for those vehicles not matched with a driver, the drivers
already matched must be matched with the one or more
unmatched vehicles, starting with the driver who has the
lowest percentage determined under section 6(1)(b),
and the drivers are the relevant drivers in respect of the vehicles to
which they are matched.
(4) If the policyholder has fewer private passenger vehicles than there
are drivers of those vehicles,
(a) the highest rated drivers must be matched with the vehicles
first, but an inexperienced driver may not be matched unless
the inexperienced driver is the principal driver of one of the
vehicles, and the drivers are the relevant drivers in respect of
the vehicles to which they are matched, and
(b) the remaining drivers must not be matched with respect to
any of the vehicles unless the drivers are inexperienced
drivers, in which case those inexperienced drivers are
considered to be occasional drivers.
(5) If the number of occasional drivers is equal to or less than the
number of passenger vehicles, each occasional driver must be matched
to a vehicle.
(6) If there are more occasional drivers than there are vehicles, each
occasional driver must be matched to a vehicle starting with the
occasional driver who is the highest rated driver, but in no case may
more than one occasional driver be matched in respect of the same
vehicle.
Locating the correct grid step
5(1) A grid step must be established for each driver of a private
passenger vehicle.
(2) A grid step is first established for a driver
(a) with respect to a driver under basic coverage for a private
passenger vehicle in effect on September 30, 2004, as of the
relevant date of that coverage, and
(b) if clause (a) does not apply in respect of a driver, the first
time a policy for basic coverage for a private passenger
vehicle comes into effect on or after October 1, 2004 under
which the driver is included.
(3) The grid step is first established for a driver by moving down one
grid step from grid step zero for each year of driving experience then,
if applicable, moving up 5 grid steps for each at-fault claim during the
6 years preceding the relevant date.
(4) An insurer must, with respect to each subsequent application for
basic coverage, make any necessary adjustments to the driver's
location on the grid under subsections (5) and (6), starting from the
previous grid location for that person, whether or not location on the
grid was previously established by the same insurer.
(5) If, during the term of the policy being renewed or replaced,
(a) the driver had an at-fault claim, the driver must be moved up
5 grid steps for each at-fault claim during the term of the
policy, or
(b) the driver did not have an at-fault claim and is not already
located at grid step -15, the driver must be moved down one
grid step for each full year of driving experience with no
at-fault claim since the driver's location on the grid was last
changed or, if it has never changed, since the driver's
location on the grid was first established.
(6) Despite subsection (5), if no at-fault claim have been made for the
6 consecutive years of driving experience immediately preceding the
coming into effect or renewal of a policy for basic coverage, and the
driver is located higher than grid step zero, the driver must be located
on grid step zero.
(7) Every insurer must on the request of another insurer provide to that
insurer any information necessary to determine a driver's location on
the grid, including information about his or her current location on the
grid.
Computation of grid premium
6(1) After each driver is located on a grid step in accordance with
section 5, a premium must be determined for each driver as follows:
(a) determine the base premium for the driver in accordance with
Schedule 3;
(b) determine the percentage by which to multiply the base
premium in accordance with the following formula:
P = A + (A x B)
where
P means the percentage by which to multiply the base
premium of the driver;
A means the percentage of the base premium for the grid
step of the driver determined in accordance with
Schedule 2;
B means the percentage surcharge, if any, calculated in
accordance with Schedule 4;
(c) multiply the base premium determined in clause (a) by the
percentage determined in clause (b).
(2) The grid premium for basic coverage for a private passenger
vehicle is the premium for the relevant driver determined in subsection
(1) plus 25% of the premium determined in subsection (1) for the
occasional driver, if any, of that vehicle.
Schedule 2
Grid
Grid established
1 The following grid is established for the purposes of this
Regulation:
Grid steps
% for element A of Schedule 1,
section 6(1)
+16...............................
an increase of 23 percentage points for
this and each subsequent step up the grid,
computed cumulatively (see section 2 of
this Schedule)
+15...............................
338%
+14...............................
315%
+13...............................
293%
+12...............................
270%
+11...............................
248%
+10...............................
225%
+9.................................
210%
+8.................................
195%
+7.................................
180%
+6.................................
165%
+5.................................
150%
+4.................................
140%
+3.................................
130%
+2.................................
120%
+1.................................
110%
Grid step zero
100%
-1..................................
95%
-2..................................
90%
-3..................................
85%
-4..................................
80%
-5..................................
75%
-6..................................
70%
-7..................................
65%
-8..................................
60%
-9..................................
55%
-10................................
50%
-11..................................
50%
-12..................................
50%
-13..................................
50%
-14..................................
50%
-15................................
50%
Determining percentage
2 Element A of Schedule 1, section 6(1), is determined by identifying
the percentage opposite the grid step on which the relevant driver or
occasional driver is located, except that
(a) at grid step +16, the percentage is 23 percentage points more
than the percentage opposite grid step +15, and
(b) at each step higher than +16, the percentage is to be increased
by 23 percentage points more than the percentage for the
preceding grid step.
Schedule 3
Base Premium Calculation
Definitions
1 In this Schedule,
(a) "Calgary territory" means the City of Calgary;
(b) "Edmonton territory" means Townships 52, 53 and 54,
Ranges 23, 24 and 25, all west of the 4th Meridian, which
includes the City of Edmonton, the City of St. Albert, Clover
Bar, Sherwood Park, Lancaster Park, Namao and
Winterburn;
(c) "rest of Alberta territory" means all areas of Alberta that are
not included in the Edmonton territory or the Calgary
territory.
Determining base premium
2 The base premium for a relevant driver and occasional driver is an
amount calculated in accordance with a table to be published by the
Board no later than October 31 each year for the following calendar
year by determining
(a) the territory in which the policyholder resides, and
(b) the choice of the policyholder's coverage under section 571
of the Act, namely: $200 000, $500 000, $1 million or
$2 million or such other coverage amounts offered by the
insurer that are included in the table.
Base premium adjustment
3(1) On or before October 1 in each year, the Board may adjust the
base premium based on the annual review conducted under section 9 of
the Regulation.
(2) In making an adjustment, the Board must ensure that the base
premium for the rest of Alberta territory is 20% less than for the
Edmonton or Calgary territory.
(3) An adjustment made under subsection (1) is effective the
following January 1.
(4) Information about the adjustments made under subsection (1) must
be made publicly available in a manner satisfactory to the
Superintendent.
Schedule 4
Surcharges for At-fault Accidents
and Driving Convictions
Surcharges for driving convictions
1(1) The total of the percentages determined under subsections (2)
and (3) is the percentage to be included in element B of the formula
described in Schedule 1, section 6(1).
(2) A percentage is to be determined for a driver in accordance with
Table 1 for each of the following:
(a) for serious traffic safety convictions on a driver's abstract
within the 3 years before the effective date of basic coverage
or renewal of basic coverage;
(b) for traffic safety convictions on a driver's abstract within the
3 years before the effective date of basic coverage or renewal
of basic coverage;
(c) for criminal code convictions on a driver's abstract within the
4 years before the effective date of basic coverage or renewal
of basic coverage.
(3) A percentage is to be determined for a driver in accordance with
Table 2 for a driver who in the 3 years before the application for basic
coverage has had 2 or more at-fault claim.
Table 1
Number of
convictions
Surcharge for
Traffic
safety
convictions
Serious
traffic safety
convictions
Criminal Code
convictions
1
0%
25%
300%
2
25%
50%
450%
3
35%
100%
For each additional
conviction, add
150 percentage
points to the
immediately
preceding
percentage
4
50%
200%
5
75%
400%
6
100%
800%
7 or
more
For each
additional
conviction,
double the
immediately
preceding
percentage
For each
additional
conviction,
double the
immediately
preceding
percentage
Table 2
Surcharge for at-fault claim in a 3-year period
Number of at-fault claim
Percentage to be added
2
30%
For each additional at-fault claim, add 15 percentage points to the
immediately preceding percentage
Definitions
2 In this Schedule,
(a) "at-fault claim" means at-fault claim as defined in Schedule
1;
(b) "criminal code conviction" means a conviction for an offence
under section 130 of the National Defence Act (Canada) or
for any of the following offences under the Criminal Code
(Canada):
Description of offence
(for convenience of reference only)
Criminal Code
Section Number
1
Criminal negligence causing death committed
by means of a motor vehicle
220
2
Criminal negligence causing bodily harm
committed by means of a motor vehicle
221
3
Manslaughter committed by means of a motor
vehicle
236
4
Dangerous operation of a motor vehicle
249(1)
5
Dangerous operation of a motor vehicle causing
bodily harm
249(3)
6
Dangerous operation of a motor vehicle causing
death
249(4)
7
Failing to stop a motor vehicle while being
pursued by peace officer
249.1(1)
8
Failing to stop a motor vehicle causing bodily
harm or death while being pursued by peace
officer
249.1(3)
9
Failing to stop at scene of accident
252(1)
10
Failing to stop at scene of accident knowing
bodily harm has been caused
252(1.2)
11
Failing to stop at scene of accident knowing
death has been caused or reckless re bodily
harm causing death
252(1.3)
12
Impaired driving or over .08
253
13
Failing or refusing to provide a blood or breath
sample on demand
254
14
Impaired driving causing bodily harm
255(2)
15
Impaired driving causing death
255(3)
16
Operating a motor vehicle while disqualified
259(4)
(c) "driver abstract" means the abstract of the driving record
referred to in section 5(1) of the Access to Motor Vehicle
Information Regulation (AR 140/2003) or a similar
document of another province or territory in Canada;
(d) "serious traffic safety conviction" means a conviction for any
of the following offences under the Traffic Safety Act, or a
conviction for an offence that is substantially similar under
an enactment of Canada, other than the Criminal Code
(Canada), or of another province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety
Act
Use of
Highway
and Rules
of the Road
Regulation
1
Failing to remain at scene of accident
69(1)
2
Driver failing to make accident report
71(1)
3
Improper passing in school zone or
playground zone
8
4
Drive a motor vehicle during a
prohibited period of time
51(g)
5
Novice driver - presence of alcohol
suspension
90(4)(c) and
(d)
6
Speeding in school zone or playground
zone
107(2) and
108(1)(h)
7
Speeding (general) - exceeding limit
by more than 50 kph
115(2)(p)
8
Speeding (construction
zone) - exceeding limit by more than
50 kph
115(2)(p.1)
and (p.2)
9
Speeding (passing emergency
vehicle) - exceeding limit by more
than 50 kph
115(2)(t)
10
Speeding (flashing yellow light
crossing) - exceeding limit by more
than 50 kph
53(5)(c)
11
Careless driving
115(2)(b)
12
Racing
115(2)(c)
13
Driving on a bet or wager
115(2)(d)
14
Failing to stop for a school bus
72(1)
15
Driving while unauthorized
94(2)
16
Failing to stop school bus, vehicle
carrying explosives, etc. at
uncontrolled railway crossing
42(5)
17
Failing to stop for a peace officer
166(2)
(e) "traffic safety conviction" means a conviction for any of the
following offences under the Traffic Safety Act, or a
conviction for an offence that is substantially similar under
an enactment of Canada, other than the Criminal Code
(Canada), or of another province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety
Act
Use of
Highway
and Rules
of the Road
Regulation
1
Speeding - unreasonable rate of speed
2(1)(a)
2
Speeding (general) - exceeding limit by
up to 15 kph
115(2)(p)
3
Speeding (construction zone) - exceeding
limit by up to 15 kph
115(2)(p.1)
and (p.2)
4
Speeding (passing emergency
vehicle) - exceeding limit by up to 15 kph
115(2)(t)
5
Speeding (flashing yellow light
crossing) - exceeding limit by up to
15 kph
53(5)(c)
6
Speeding (general) - exceeding limit by
over 15 but not more than 30 kph
115(2)(p)
7
Speeding (construction zone) - exceeding
limit by over 15 but not more than 30 kph
115(2)(p.1)
and (p.2)
8
Speeding (passing emergency
vehicle) - exceeding limit by over 15 but
not more than 30 kph
115(2)(t)
9
Speeding (flashing yellow light
crossing) - exceeding limit by over 15 but
not more than 30 kph
53(5)(c)
10
Speeding (general) - exceeding limit by
over 30 but not more than 50 kph
115(2)(p)
11
Speeding (construction zone) - exceeding
limit by over 30 but not more than 50 kph
115(2)(p.1)
and (p.2)
12
Speeding (passing emergency
vehicle) - exceeding limit by over 30 but
not more than 50 kph
115(2)(t)
13
Speeding (flashing yellow light
crossing) - exceeding limit by over 30 but
not more than 50 kph
53(5)(c)
14
Following too close
18
15
Failing to notify owner
(a) of an unattended vehicle
damaged in accident
(b) of property damaged in
accident
69(2)(a)
69(2)(b)
16
Failing to stop, etc. when meeting
oncoming vehicle on narrow roadway
14
17
Passing on hill or curve or near railway
crossing
19(1)
18
Passing on left when view obstructed or
traffic present on left side of highway
20
19
Failing to pass on left in safe manner or
failing to return to right side of roadway
in safe manner
21(1)
20
Overtaking another vehicle by driving off
the roadway, in a parking lane or when
unsafe
23
21
Passing another vehicle stopped at
crosswalk
41(2)
22
Driving left of centre line
12(1)
23
Driving wrong way on one-way highway
17
24
Impeding passing vehicle
21(2)
25
Impeding passing vehicle - multi-lane
highway
22(2)(b)
26
Failing to yield right of way to a vehicle
(a) at an intersection, or turning
left unsafely
(b) at yield sign
(c) in traffic circle
(d) at merge sign
(e) at green light or green arrow
(f) at flashing yellow light
34
39
40
50, 51
52(1),
(3)-(5)
53(3)
27
Failing to yield right of way to a
pedestrian
(a) at an alley entrance or driveway
(b) in a crosswalk
(c) at a green light or green arrow
(d) at flashing yellow light at
intersection
(e) at flashing yellow light
not at intersection
(f) at flashing yellow light with zone
sign or symbol
36(3)
41(1)
52(1)-(5)
53(3)
53(4)
53(5)(d)
28
Failing to stop
(a) before entering highway
(b) at a stop sign
(c) for an emergency vehicle
sounding siren
(d) at railway crossing when a train
is approaching
(e) within prescribed distance from
railway when stop sign
(f) at yellow light at intersection
(g) at yellow light not at intersection
(h) at red light at intersection
(i) at red light not at intersection
(j) at flashing red light at intersection
(k) at flashing red light not at
intersection
36(2)
37
65(1)
42(2)
42(4)(a)
53(1)
53(2)
54(1)(a)
54(4)
54(5)(a)
54(6)(a)
29
Unauthorized following within 150
metres of emergency vehicle sounding
siren or with flashing lights or both
65(2)
30
Driving around barrier at railway
crossing
42(3)
31
Proceeding when unsafe
(a) after stopping at intersection
(b) after stopping for stop sign at
railway crossing
(c) after stopping for school bus
(d) after stopping for red light at
intersection
(e) after stopping for flashing red
light at intersection
(f) after stopping for flashing red
light not at intersection
38
42(4)(b)
72(2)
54(1)(b)
54(5)(b)
54(6)(b)
32
Stunting
115(2)(f)
33
Traffic lane violation
(a) slow moving vehicle in incorrect
lane
(b) driving at less than maximum
speed in designated fast lane
outside an urban area
(c) improperly crossing solid or
broken lines or driving
improperly on left side of
broken lines on 2-way highway
(d) making unsafe lane change
(e) failing to drive in centre of
marked lane
(f) occupying 2 lanes
(g) improperly driving in centre
lane of 3-lane highway
(h) driving in lane marked with "X"
3
2(1)(b)
15(1)
15(4)
15(5)
15(6)
16(1)
27(4)
34
Failing to obey instruction of traffic
control device
57
35
Slow driving impeding or blocking traffic
2(1)(c)
36
Driving at less than minimum speed
115(2)(q)
37
Failing to obey direction of peace officer
to increase speed, etc.
2(4)
38
Failing to signal
(a) when changing lanes
(b) when turning left or right
(c) when stopping
15(2)
24
35
39
Failing to make proper signal when
starting, turning or changing the course
or direction of a vehicle or stopping a
vehicle on a highway
9(b)
40
Improper turns
(a) when turning right
(b) when turning left
(c) failing to obey traffic control
device
(d) making U-turn unsafely or
where prohibited
(e) making U-turn with a school
bus where prohibited
25
26
27(1), (2)
29, 30
31
41
Backing up vehicle unsafely or where
prohibited
32, 33
42
Fail to ascertain sufficient space for
movement
9(a)
--------------------------------
Alberta Regulation 118/2014
Mines and Minerals Act
NATURAL GAS ROYALTY, 2009 AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 242/2014)
on June 17, 2014 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Natural Gas Royalty Regulation, 2009 (AR 221/2008)
is amended by this Regulation.
2 Section 6 is amended
(a) by adding the following after subsection (1):
(1.1) Unless the Minister directs otherwise, subsection (1)
does not apply to the furnishing of reports required to be
furnished under section 25.1(3).
(b) in subsection (6)(a) and (b) by adding "an invoice,"
before "a royalty invoice".
3 Section 7 is amended
(a) in subsection (4) by repealing clause (a);
(b) in subsection (5) by repealing clause (a);
(c) in subsection (6) by repealing clause (a);
(d) in subsection (7)
(i) by adding "to and including June 2014" after "each
subsequent production month";
(ii) by adding the following after clause (b):
(c) an amount per cubic metre as the Propane
Reference Price,
(d) an amount per cubic metre as the Butanes
Reference Price, and
(e) an amount per cubic metre as the Pentanes Plus
Reference Price.
(e) by adding the following after subsection (7):
(7.1) The Minister shall, by order, for July, 2014 and for each
subsequent production month, prescribe
(a) a Propane Spec Reference Price, expressed as an
amount per cubic metre, for propane obtained by
fractionation as a separate product from a natural gas
liquids mix,
(b) a Butanes Spec Reference Price, expressed as an
amount per cubic metre, for butanes obtained by
fractionation as a separate product from a natural gas
liquids mix,
(c) a Pentanes Plus Spec Reference Price, expressed as an
amount per cubic metre, for pentanes plus obtained by
fractionation as a separate product from a natural gas
liquids mix,
(d) a Propane Mix Reference Price, expressed as an amount
per cubic metre, for propane contained in a natural gas
liquids mix,
(e) a Butanes Mix Reference Price, expressed as an amount
per cubic metre, for butanes contained in a natural gas
liquids mix, and
(f) a Pentanes Plus Mix Reference Price, expressed as an
amount per cubic metre, for pentanes plus contained in
a natural gas liquids mix.
(7.2) Subject to subsection (7.3), an amendment to an order
(a) under subsection (6)(b) to prescribe a different Pentanes
Plus Par Price for a production month to which the
order applies, or
(b) under subsection (7.1) to prescribe a different Propane
Spec Reference Price, Butanes Spec Reference Price,
Pentanes Plus Spec Reference Price, Propane Mix
Reference Price, Butanes Mix Reference Price or
Pentanes Plus Mix Reference Price for a production
month to which the order applies
may not be made under subsection (6)(b) or subsection (7.1) after
August 31 of the 3rd year following the end of the calendar year
in which the production month occurred.
(7.3) Without limiting the operation of section 8(1)(g) of the
Act, the Minister may extend the period provided for in
subsection (7.2) for one year if the Minister is of the opinion that
it is appropriate to extend the period and on extending the period
shall give written notice of the extension as soon as reasonably
practicable.
4 Section 15(5)(b) is repealed and the following is
substituted:
(b) the royalty compensation in respect of the royalty share so
transferred is
(i) in the case of a production month before July 2014, an
amount calculated by multiplying the quantity of the
Crown's royalty share by the Pentanes Plus Reference
Price for the production month in which the field
condensate was obtained less the Transportation
Allowance prescribed for the production month
pursuant to section 7(7)(a)(iii), and
(ii) in the case of a production month after June 2014, an
amount calculated by multiplying the quantity of the
Crown's royalty share by the Pentanes Plus Spec
Reference Price for the production month in which the
field condensate was obtained.
5 Section 24(3)(b) is amended by repealing subclauses (iii)
to (v) and substituting the following:
(iii) the Propane Reference Price or the Propane Spec
Reference Price for the production month, as the case
may be, where the quantities consist of propane,
(iv) the Butanes Reference Price or the Butanes Spec
Reference Price for the production month, as the case
may be, where the quantities consist of butanes,
(v) the Pentanes Plus Reference Price or the Pentanes Plus
Spec Reference Price for the production month, as the
case may be, where the quantities consist of
(A) pentanes plus, or
(B) a mixture comprising any 2 or more of pentanes
plus, propane or butanes, where the relative
proportions of each such gas product in the
mixture has not been reported to the Minister for
the purposes of this Regulation in accordance with
the Minister's directions,
or
6 Section 25(2) is amended by adding "to and including June
2014" after "each production month".
7 The following is added after section 25:
Natural gas liquids reports
25.1(1) In this section, "natural gas liquids" includes ethane,
propane, butanes, pentanes plus and field condensate.
(2) A person who purchases natural gas liquids specified by the
Minister under purchase arrangements specified by the Minister and
takes delivery of the natural gas liquids in July, 2014 or a subsequent
month at locations in Alberta specified by the Minister shall, on or
before the 1st day of the 2nd month following the month in which
the person takes delivery of the natural gas liquids, furnish to the
Minister, in the form required by the Minister, a report that includes
all of the following information:
(a) the volumes of natural gas liquids purchased and delivered;
(b) the locations at which the natural gas liquids were delivered;
(c) the costs of purchasing the natural gas liquids;
(d) any other information required by the Minister.
(3) The Minister may direct a person who transports, stores,
reprocesses, sells, purchases or disposes of natural gas liquids to
furnish to the Minister in the form required by the Minister one or
more reports, on a monthly or other basis, containing information
relating to the transportation, storage, reprocessing, sale, purchase or
disposition of natural gas liquids, as specified in the direction.
(4) The Minister may specify in a direction given under subsection
(3) the deadline for furnishing a report.
(5) Instead of furnishing a report under subsection (3), a person
may, with the approval of the Minister, permit an employee or agent
of the Department designated by the Minister to examine the
person's records and to take away the records for further
examination and copying for the purpose of obtaining the
information the person was directed to provide in a report furnished
under subsection (3).
(6) A person who is required to furnish a report under this section
shall keep the records required to be kept under section 26
(a) at the person's place of business in Alberta, or
(b) at a location from which, at the direction of the Minister, the
records can be produced forthwith at a location specified by
the Minister.
(7) The Minister may in a written direction
(a) exempt any person or class of persons from the application of
this section or any provision of this section, subject to any
conditions set out in the direction, or
(b) extend the deadline for the furnishing of any report under this
section in respect of any month, subject to any conditions set
out in the direction.
(8) The Minister may require a person, or a representative of a
person, who is required to furnish a report under subsection (2) or (3)
to provide a written declaration attesting to the completeness,
accuracy and integrity of the information contained in the report.
(9) If a person who has furnished a report to the Minister under this
section becomes aware that information in the report is inaccurate or
incomplete, the person shall forthwith furnish to the Minister an
amended report that contains information that is both accurate and
complete.
(10) For the purposes of subsection (9), the information in a report
furnished under this section is inaccurate or incomplete if the
information in the report does not correspond with the information in
the records with respect to the report required to be kept by the
person under section 26.
8 Section 27 is amended by adding the following after
subsection (7):
(7.1) A person who is required to furnish a report for a month to the
Minister under section 25.1(2)
(a) who fails to furnish the report by the prescribed deadline, or
(b) who furnishes a report for the month that does not include the
required information for all of the specified locations at
which the person purchased natural gas liquids in the month,
is liable to pay a penalty of $200 for each location in respect of
which the required information was not provided to a maximum of
$3000 for each month or part of a month during which the failure to
furnish the report or to include the required information for a
location continues.
(7.2) A person who is required to furnish a report to the Minister
under section 25.1(3) who fails to furnish the report by the deadline
specified in the direction is liable to pay a penalty of $3000 for each
month or part of a month during which the failure continues.
(7.3) Subject to subsection (7.5), the Minister may impose a penalty
on a person who is required to furnish a report under section 25.1(2)
or (3) who furnishes a report that contains inaccurate or incomplete
information.
(7.4) For the purposes of subsection (7.3), the information in a
report furnished under section 25.1(2) or (3) is deemed to be
inaccurate or incomplete if the information in the report does not
correspond with the information in the records with respect to the
report required to be kept by the person under section 26.
(7.5) The maximum penalty that may be imposed on a person under
subsection (7.3) with respect to a particular report is $25 000.
(7.6) In determining whether to impose a penalty on a person under
subsection (7.3) and in deciding on the amount of the penalty to be
imposed, the Minister shall consider the following:
(a) any representations by the person with respect to the person's
liability for the penalty or the amount of the penalty;
(b) whether the person made reasonable efforts to provide
accurate and complete information;
(c) the extent and significance of any information omitted from
the report and the extent and significance of the inaccuracy of
any information in the report;
(d) the affect, if any, the omission of the information from the
report or the inclusion of inaccurate information in the report
had on the Minister's determination of a reference price
prescribed under section 7(7.1);
(e) the number of times the Minister informed the person that a
report contained inaccurate or incomplete information but did
not impose a penalty on the person under subsection (7.3);
(f) the number of penalties and the amounts of the penalties
previously imposed on the person under subsection (7.3);
(g) any other matter the Minister considers appropriate.
9 Section 31(1)(b) is amended by striking out "section 7(1) to
(6), (7) or (9)" and substituting "section 7(1) to 7(7.1) or (9)".
10 Schedule 3 is amended by repealing section 2(1) and
substituting the following:
Propane royalty compensation
2(1) The amount of royalty compensation on propane for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(a) the Net Propane Reference Price for that production month,
in the case of a production month before July 2014, or
(b) the Propane Spec Reference Price or the Propane Mix
Reference Price for that production month, as the case may
be, in the case of a production month after June 2014.
11 Schedule 4 is amended by repealing section 2(1) and
substituting the following:
Butanes royalty compensation
2(1) The amount of royalty compensation on butanes for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(a) the Net Butanes Reference Price for that production month,
in the case of a production month before July 2014, or
(b) the Butanes Spec Reference Price or the Butanes Mix
Reference Price for that production month, as the case may
be, in the case of a production month after June 2014.
12 Schedule 5 is amended by repealing section 2(1) and
substituting the following:
Pentanes plus royalty compensation
2(1) The amount of royalty compensation on pentanes plus for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(a) the Net Pentanes Plus Reference Price for that production
month, in the case of a production month before July 2014,
or
(b) the Pentanes Plus Spec Reference Price or the Pentanes Plus
Mix Reference Price for that production month, as the case
may be, in the case of a production month after June 2014.
--------------------------------
Alberta Regulation 119/2014
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 250/2014)
on June 17, 2014 pursuant to section 694 of the Municipal Government Act.
1 The Subdivision and Development Regulation
(AR 43/2002) is amended by this Regulation.
2 Section 1(1) is amended
(a) in clause (c) by striking out "Food Regulation
(AR 240/85)" and substituting "Food Regulation
(AR 31/2006)";
(b) in clause (h)(i)(A) by striking out "Oil and Gas
Conservation Regulations" and substituting "Oil and Gas
Conservation Rules".
3 Section 4(4) is amended in clauses (e) and (f)(ii) by
striking out "AER Directive 079, Surface Development in Proximity
to Abandoned Wellbores" and substituting "AER Directive 079,
Surface Development in Proximity to Abandoned Wells".
4 Section 11.2(1) is amended by striking out "AER Directive
079, Surface Development in Proximity to Abandoned Wellbores" and
substituting "AER Directive 079, Surface Development in Proximity
to Abandoned Wells".
5 Section 11.3(2) is amended by striking out "AER Directive
079, Surface Development in Proximity to Abandoned Wellbores" and
substituting "AER Directive 079, Surface Development in Proximity
to Abandoned Wells".
6 Section 25 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
--------------------------------
Alberta Regulation 120/2014
Health Professions Act
DISCLOSURE OF INFORMATION (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 235/2014)
on June 17, 2014 pursuant to section 134 of the Health Professions Act.
1 The Disclosure of Information Regulation (AR 196/2004)
is amended by this Regulation.
2 Section 8 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
Alberta Regulation 121/2014
Income and Employment Supports Act
SUPPORT AGREEMENT AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Minister of Human Services (M.O. 2014-11) on
June 17, 2014 pursuant to section 33 of the Income and Employment Supports Act.
1 The Support Agreement Regulation (AR 155/2005) is
amended by this Regulation.
2 Section 1 is struck out and the following is substituted:
Interpretation
1 For the purposes of this regulation,
(a) "Child Support Guidelines" means the Alberta Child Support
Guidelines (AR 147/2005);
(b) "Guideline Income" means the annual income of a payor or
of a recipient as calculated in accordance with the Child
Support Guidelines.
Child Support Agreement
1.1 The prescribed form of support agreement for the purposes of a
child support agreement under Part 5 of the Income and Employment
Supports Act is set out in the Schedule.
3 Section 2 is amended by striking out "May 1, 2015" and
substituting "March 31, 2018".
4 The Schedule is repealed and the following is
substituted:
Schedule
Support Agreement
This Support Agreement is made on (yyyy/mm/dd) at ,
Alberta under Part 5 of the Income and Employment Supports Act
BETWEEN:
, the Recipient
-and-
, the Payor.
A The Recipient and Payor agree that:
? They were married to each other and are divorced. There
is no existing court order that includes child support.
OR
? They are married to each other, but have lived separate and
apart since (yyyy/mm/dd) . There is no existing court
order for child support.
OR
? They have never been married and there is no existing
court order for child support.
OR
? The Recipient is not a parent of the child(ren) but has care
and control of the child(ren) who is/are subject to this
Support Agreement and there is no existing court order for
child support.
B ? (Payor full name) acknowledges that s(he) is the parent of:
Full name(s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
AND/OR
? (Payor full name) acknowledges that s(he) is standing in
the place of a parent to:
Full name(s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
AND/OR
? The birth of a child(ren) is expected on (yyyy/mm/dd) ,
and the Payor acknowledges that s/he is the parent.
AND/OR
? The Recipient and the Payor have a shared parenting
arrangement where each parent has the care and control of
the child(ren) for more than 40% but less than 60% of the
time.
AND/OR
? The Recipient and the Payor have a split parenting
arrangement as follows:
Residing with (Recipient full name)
Full name(s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
Residing with (Payor full name)
Full name(s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
IT IS AGREED THAT:
1 Determination of Income
? The Payor has a Guideline Income of $ .
OR
? The Payor has a Guideline Income of $ and the
Recipient has a Guideline Income of $ .
OR
? The Parties have a shared parenting arrangement where
child support is determined by taking into account the
difference between the amounts payable by each parent,
under the Child Support Guidelines as follows:
(Recipient full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren);
(Payor full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren).
This amount takes into account the difference between the
amounts that the parents would otherwise pay if a child
support order were sought against the Payor and the
Recipient, the costs of shared parenting arrangements and
the circumstances of each of them and the child(ren).
OR
? The Parties have a split parenting arrangement where child
support is based on the difference between the amounts
payable by each parent under the Child Support Guidelines
as follows:
(Recipient full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren);
(Payor full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren).
2 Standard Child Support
(a) The Payor must pay the Recipient support for the above
child(ren) as follows:
? $ each month on the day of each month
beginning on (yyyy/mm/dd) .
OR
? $ each month beginning on (yyyy/mm/dd) ,
by payments of $ on the day of the
month and $ on the day of the month.
OR
? $ each month on the day of each month
beginning on (yyyy/mm/dd) and ending
on (yyyy/mm/dd) and after that date
$ each month on the day of the month.
OR
? To reflect the shared parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
OR
? To reflect the shared parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , by
payments of $ on the day of the month
and $ on the day of the month, being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
OR
? To reflect the shared parenting of the child(ren) by
both parents, $ each month beginning
on (yyyy/mm/dd) and ending
on (yyyy/mm/dd) and after that date
$ each month on the day of the month,
being the difference between the amounts payable
by each parent under the Child Support Guidelines.
OR
? To reflect the split parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
OR
? To reflect the split parenting of the child(ren) by
both parents, $ each month on
the day of each month beginning
on (yyyy/mm/dd) , by payments of $ on
the day of the month and $ on the
day of the month, being the difference between the
amounts payable by each parent under the Child
Support Guidelines.
OR
? To reflect the split parenting of the child(ren) by
both parents, $ each month beginning
on (yyyy/mm/dd) and ending on
(yyyy/mm/dd) and after that date $ each
month on the day of the month, being the
difference between the amounts payable by each
parent under the Child Support Guidelines.
(b) The Payor must pay the Recipient the sum of $ for
child support arrears accumulated
since (yyyy/mm/dd) payable in full and final settlement of
these arrears as follows:
? A single payment to be paid on or
before (yyyy/mm/dd) .
OR
? $ to be paid beginning
on (yyyy/mm/dd) and continuing on
the day of each month thereafter until
$ is paid in full.
(c) When a child named in this Support Agreement is no longer
subject to the agreement, the standard child support payment
will be reduced based on the Payor's Guideline Income and
the number of children still subject to the agreement, in
accordance with the Child Support Guidelines.
3 Additional Expenses
? Not applicable. No additional expenses are payable.
OR
(a)? Monthly Expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for additional
expenses for the child(ren) according to the terms stated in
clause 2. For example, if clause 2 indicates a bi-monthly
payment, then the dollar amounts listed below will be paid in
two equal increments, monthly:
Full Name
of Child
Nature of
Expense
Monthly
Expense ($)
Payor's
Proportionate
Share
Monthly
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND/OR
? Yearly expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for additional
expenses for the child(ren) on (mm/dd) of each year
beginning (yyyy/mm/dd) , allocated as follows:
Full Name
of Child
Nature of
Expense
Yearly
Expense ($)
Payor's
Proportionate
Share
Annual
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND/OR
? One-time expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for a one-time
additional expense for the child(ren) on (yyyy/mm/dd) ,
allocated as follows:
Full Name
of Child
Nature of
Expense
One-time
Expense ($)
Payor's
Proportionate
Share
One-time
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND
(b) When a child named in this Support Agreement is no longer
subject to the agreement, the Payor will no longer be
responsible to pay additional expenses for that child.
(c) If the Recipient should cease to incur an additional expense
identified in this clause, then the Payor will no longer be
responsible to contribute to that additional expense.
4 Medical and Dental Coverage
? The Payor must provide medical and dental insurance
coverage for the child(ren).
OR
? The Payor must provide medical and dental insurance
coverage for the child(ren). If the Payor does not provide
this insurance coverage, the child support payable by the
Payor to the Recipient is to increase by $ per
month beginning on the first day of the month following
the month in which the Payor ceased to pay for the
insurance coverage.
OR
? Not applicable.
5 Expenses Resulting from Pregnancy
The Payor must pay the Recipient $ for expenses referred to in
section 66(5) of the Family Law Act resulting from the pregnancy of
the child(ren)'s mother, payable in full and final settlement of all
claims and demands that may be made against the Payor for the
payment of those expenses as follows:
? $ , to be paid on (yyyy/mm/dd) and continuing on
the of each following month, until $ is paid in
full.
OR
? A single payment of $ to be paid on or
before (yyyy/mm/dd) .
OR
? Not applicable.
6 Director's Costs
The Payor must pay the Director under Part 5 of the Income and
Employment Supports Act $ for expenses paid by the Director for
the purpose of obtaining a finding of parentage, payable in full and
final settlement of all claims and demands that may be made against
the Payor for payment of those expenses as follows:
? $ , to be paid on (yyyy/mm/dd) and continuing on
the day of each following month, until $ is
paid in full.
OR
? A single payment, to be paid on or
before (yyyy/mm/dd) .
OR
? Not applicable.
7 Care and Control
? To reflect a parenting arrangement other than shared/split
care and control of the child(ren) as outlined in Recital B
of this Support Agreement, if the parenting arrangement
changes,
(a) the Payor must continue to make support payments
under this agreement to any person who assumes the
care and control of the child(ren) even though that
person is not a party to this agreement, and
(b) when more than one person has care and control of the
child(ren) who is/are subject to this agreement, the
standard child support payable for each child will be
determined by assigning each child an equal portion of
the standard child support set out in clause 2.
8 Enforcement Under the Maintenance Enforcement Act
(a) This clause applies where this Support Agreement is filed
pursuant to the Maintenance Enforcement Act.
(b) The payments under this Support Agreement must be paid to
the Director of Maintenance Enforcement under the
Maintenance Enforcement Act:
Director of Maintenance Enforcement
7th Floor North 10355-97 Street,
Edmonton, Alberta, T5J 3W7
Telephone: (780) 422-5555
(c) If this Support Agreement is filed with the Director of
Maintenance Enforcement then it will be enforced and dealt
with in accordance with section 10.1 of the Maintenance
Enforcement Act in the same manner as if it were a
maintenance order.
(d) The amounts owing pursuant to this Support Agreement shall
continue to be enforced until the party who filed the
agreement notifies the Director of Maintenance Enforcement
in writing, in accordance with section 9 of the Maintenance
Enforcement Act, that he or she does not wish to have the
maintenance order enforced by the Director of Maintenance
Enforcement.
9 Termination of Support
The obligation of the Payor to pay child support and expenses for a
child shall terminate as soon as the child is no longer considered a
child under section 46(b) of the Family Law Act.
10 Variation of Agreement
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the
Payor (full name) on (yyyy/mm/dd) under the
Maintenance Enforcement Act.
OR
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the Payor
(full name) on (yyyy/mm/dd) under the Parentage and
Maintenance Act.
OR
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the Payor
(full name) on (yyyy/mm/dd) under Part 5 of the
Income and Employment Supports Act.
OR
? Not applicable.
Signature of Recipient (or
Director's delegate under
section 29 of the Income
and Employment Supports
Act)
____________________
Date
(yyyy/mm/dd)
Signature of
Witness
___________
Date
(yyyy/mm/dd)
Signature of Payor
____________________
Date
(yyyy/mm/dd)
Signature of
Witness
___________
Date
(yyyy/mm/dd)
NOTES:
"Child Support Guidelines" means the Alberta Child Support
Guidelines (AR 147/2005).
"Guideline Income" means the annual income of a Payor or of a
Recipient as calculated in accordance with the Child Support
Guidelines.
If there are changes to the parenting arrangement other than those
provided for in clause 7 of this Support Agreement, the Director or
other party entitled to do so may seek to vary, suspend or terminate
this Support Agreement.
If you wish to obtain the required documents to vary, suspend or
terminate this support agreement, please call 310-0000 toll-free and
ask for the Child Support Services Office nearest to you. You may
also apply for a court order to replace this Support Agreement.
Affidavit of Execution
I (name of witness) of (city/town) in the Province of Alberta
Swear that:
1 I was personally present and saw (name of Recipient/
Director's delegate) sign the Support Agreement.
2 The Support Agreement was signed at (city/town) in the
Province of Alberta.
3 I know (name of Recipient/Director's delegate) and (s)he
is in my belief the full age of 18 years.
SWORN BEFORE ME at )
in the Province of Alberta, this day )
of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Affidavit of Execution
I (name of witness) of (city/town) in the Province of Alberta
Swear that:
1 I was personally present and saw (name of Payor) sign the
Support Agreement.
2 The Support Agreement was signed at (city/town) in the
Province of Alberta.
3 I know the Payor and (s)he is in my belief the full age of 18
years.
SWORN BEFORE ME at )
in the Province of Alberta, this day )
of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
--------------------------------
Alberta Regulation 122/2014
Apprenticeship and Industry Training Act
ELECTRICIAN TRADE AMENDMENT REGULATION
Filed: June 19, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on May 9, 2014 and approved by the Minister of Innovation and Advanced
Education on June 16, 2014 pursuant to section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Electrician Trade Regulation (AR 274/2000) is
amended by this Regulation.
2 Section 3 is amended by renumbering clause (a) as
clause (a.1) and by adding the following before clause (a.1):
(a) interpreting electrical industry codes, including the Canadian
Electrical Code;
3 Section 9 is amended by striking out "August 31, 2014" and
substituting "August 31, 2023".
--------------------------------
Alberta Regulation 123/2014
Apprenticeship and Industry Training Act
TRADE (EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: June 19, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on May 9, 2014 and approved by the Minister of Innovation and Advanced
Education on June 16, 2014 pursuant to section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Floorcovering Installer Trade Regulation
(AR 277/2000) is amended in section 8 by striking out
"August 31, 2014" and substituting "August 31, 2016".
2 The Glazier Trade Regulation (AR 280/2000) is amended
in section 20 by striking out "July 31, 2014" and substituting
"August 31, 2020".
3 The Machinist Trade Regulation (AR 289/2000) is
amended in section 9 by striking out "August 31, 2014" and
substituting "August 31, 2023".
4 The Outdoor Power Equipment Technician Trade
Regulation (AR 47/2001) is amended in section 21 by
striking out "August 31, 2014" and substituting "August 31,
2016".
5 The Plumber Trade Regulation (AR 295/2000) is amended
in section 9 by striking out "August 31, 2014" and substituting
"August 31, 2023".
6 The Sheet Metal Worker Trade Regulation (AR 303/2000)
is amended in section 9 by striking out "August 31, 2014" and
substituting "August 31, 2023".
7 The Transport Refrigeration Technician Trade
Regulation (AR 307/2000) is amended in section 9 by
striking out "August 31, 2014" and substituting "August 31,
2016".
8 The Welder Trade Regulation (AR 314/2006) is amended
in section 16 by striking out "August 31, 2014" and
substituting "August 31, 2023".
Alberta Regulation 124/2014
Wildlife Act
WILDLIFE (TRUMPETER SWAN) AMENDMENT REGULATION
Filed: June 23, 2014
For information only: Made by the Minister of Environment and Sustainable
Resource Development (M.O. 37/2014) on June 17, 2014 pursuant to section 103 of
the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
2 Part 5 of Schedule 4 is amended by adding the following
after "Cygnus columbianus (Tundra Swan)":
Cygnus buccinator (Trumpeter Swan)
3 Part 1, Sub-Part 2 of Schedule 6 is amended by striking
out "Cygnus buccinator (Trumpeter Swan)".
--------------------------------
Alberta Regulation 125/2014
Marketing of Agricultural Products Act
ALBERTA ELK COMMISSION (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: June 24, 2014
For information only: Made by the Alberta Elk Commission on May 29, 2014 and
approved by the Agricultural Products Marketing Council on June 5, 2014 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Elk Commission Regulation (AR 256/2002) is
amended by this Regulation.
2 Section 14 is amended by striking out "September 30, 2014"
and substituting "September 30, 2019".
Alberta Regulation 126/2014
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION
Filed: June 24, 2014
For information only: Made by the Minister of Municipal Affairs (M.O. H:013/14)
on June 17, 2014 pursuant to section 34 of the Alberta Housing Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
2 Schedule D is amended in section 1(4) by striking out
"$265" and substituting "$315".
3 This Regulation comes into force on July 1, 2014.
--------------------------------
Alberta Regulation 127/2014
Apprenticeship and Industry Training Act
TILESETTER TRADE AMENDMENT REGULATION
Filed: June 25, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on March 21, 2014 and approved by the Minister of Innovation and Advanced
Education on June 17, 2014 pursuant to section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Tilesetter Trade Regulation (AR 308/2000) is
amended by this Regulation.
2 Section 1(d) is amended by adding the following after
subclause (i):
(i.1) porcelain tile;
3 Section 4(4) is amended by striking out "and successfully
complete the technical training that is required or approved by the
Board".
Alberta Regulation 128/2014
Apprenticeship and Industry Training Act
BAKER TRADE AMENDMENT REGULATION
Filed: June 25, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on March 21, 2014 and approved by the Minister of Innovation and Advanced
Education on June 17, 2014 pursuant to section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Baker Trade Regulation (AR 263/2000) is amended
by this Regulation.
2 Section 3 is amended by adding the following after
clause (l):
(l.1) applying trade calculations and mathematics;
--------------------------------
Alberta Regulation 129/2014
Animal Health Act
REPORTABLE AND NOTIFIABLE DISEASES REGULATION
Filed: June 27, 2014
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 009/2014) on June 24, 2014 pursuant to section 70(1) of the Animal Health
Act.
Table of Contents
1 Definitions
2 Prescribed reportable diseases
3 Reporting of reportable diseases
4 Information to be reported
5 Prescribed notifiable diseases
6 Reporting of notifiable diseases
7 Information to be reported
8 Repeal
9 Expiry
10 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "commingling site" means a commingling site as defined in
the Premises Identification Regulation (AR 200/2008);
(b) "premises identification number" means a premises
identification number as defined in the Premises
Identification Regulation (AR 200/2008).
Prescribed reportable diseases
2 The diseases listed in Schedule 1 are reportable diseases prescribed
for the purposes of section 3(a) of the Act, and other than diseases
caused by a toxic agent, include the condition of carrying a disease
causing agent that cause those diseases.
Reporting of reportable diseases
3 An owner of an animal or an authorized person who knows or
ought to know that a reportable disease is or may be present in an
animal must, within 24 hours, report it to the chief provincial
veterinarian either in person or by telephone to a telephone number
designated by the Minister for the purpose of reporting reportable
diseases.
Information to be reported
4 An owner of an animal or an authorized person must provide the
following information to the chief provincial veterinarian when
reporting a reportable disease that is or may be present in an animal:
(a) the name and telephone number of the individual who is
making the report and other contact information as required
by the chief provincial veterinarian;
(b) the municipal address, legal land description or premises
identification number where the animal is located, or
reasonable directions to find the animal;
(c) the animal's species;
(d) the animal's presumptive diagnosis;
(e) the name and contact information of the owner of the animal,
if known;
(f) the name and contact information of the commingling site
operator, if applicable and if known;
(g) the name and contact information of the animal's
veterinarian, if known;
(h) the type of operation at which the animal is located, if
known;
(i) a description of the identifier that distinguishes the animal, or
group of animals, within the herd or group, such as a tag
number, animal identifier, group lot number or pen number,
if known;
(j) the total number of animals of the same species where the
animal is located, if known;
(k) a list of the other species present and the number of each
species where the animal is located, if known;
(l) the total number of animals of all species that appear to be
affected with the reportable disease where the animal is
located, if known;
(m) whether diagnostic samples have been submitted to a
laboratory for testing, if known;
(n) the results of the laboratory tests, if known;
(o) any other information required by the chief provincial
veterinarian.
Prescribed notifiable diseases
5 The diseases listed in Schedule 2 are notifiable diseases prescribed
for the purposes of section 4(a) of the Act, and include the condition of
carrying a disease causing agent that cause those diseases.
Reporting of notifiable diseases
6 An owner of an animal or an authorized person who knows or
ought to know that a notifiable disease is or may be present in an
animal must, within 24 hours, report it to the chief provincial
veterinarian
(a) in person,
(b) by telephone to a telephone number designated by the
Minister for the purpose of reporting notifiable diseases, or
(c) by submitting a completed Alberta Notifiable Animal
Disease Reporting Form, as published on the Department's
website, by fax to a fax number designated by the Minister
for the purpose of reporting notifiable diseases.
Information to be reported
7(1) An owner of an animal or an authorized person must provide the
following information to the chief provincial veterinarian when
reporting a notifiable disease that is or may be present in an animal:
(a) the name and telephone number of the individual who is
making the report and other contact information as required
by the chief provincial veterinarian;
(b) where the animal is located, such as a municipal address,
municipality, legal land description or premises identification
number;
(c) the animal's species;
(d) the animal's presumptive diagnosis.
(2) The person referred to in subsection (1) must, within 7 days from
the date the information in subsection (1) is reported, also report the
following information to the chief provincial veterinarian either in
writing or by telephone to a telephone number designated by the
Minister:
(a) the name and contact information of the animal's
veterinarian, if known;
(b) the type of operation at which the animal is located, if
known;
(c) the total number of animals of the same species where the
animal is located, if known;
(d) the total number of animals of all species that appear to be
affected with the notifiable disease where the animal is
located, if known;
(e) whether a post-mortem examination was performed, if
known;
(f) the post-mortem results, if known;
(g) the animal's medical history, including symptoms, if known;
(h) whether diagnostic samples have been submitted to a
laboratory for testing, if known;
(i) the results of the laboratory tests, if known;
(j) any other information required by the chief provincial
veterinarian.
Repeal
8 The Reportable and Notifiable Diseases Regulation (AR 209/2008)
is repealed.
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
10 This Regulation comes into force on the coming into force of
section 20 of the Animal Health Amendment Act, 2009.
Schedule 1
Reportable Diseases
ROW
COLUMN 1
COLUMN 2
1
cattle and yaks
Salmonella Dublin;
Salmonella Typhimurium;
Bovine spongiform encephalopathy;
Foot-and-mouth disease;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
2
swine, including
wild boars
Foot-and-mouth disease;
Classical swine fever;
Transmissible gastroenteritis;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
3
domestic chickens,
bantams, pheasants
and peafowl
Infectious laryngotracheitis;
Highly pathogenic avian influenza or
low pathogenic H5 or H7 influenza
virus;
Newcastle disease;
Salmonella Gallinarum;
Salmonella Pullorum;
Salmonella Enteritidis;
Salmonella Heidelberg;
Salmonella Typhimurium;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
4
any of the
following birds
when kept in
captivity:
domestic turkeys,
ostriches, emus,
rheas, pigeons,
doves, quail,
guinea fowl and
wild turkeys
Highly pathogenic avian influenza or
low pathogenic H5 or H7 influenza
virus;
Newcastle disease;
Salmonella Gallinarum;
Salmonella Pullorum;
Salmonella Enteritidis;
Salmonella Heidelberg;
Salmonella Typhimurium;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
5
domesticated ducks
and domesticated
geese
Highly pathogenic avian influenza or
low pathogenic H5 or H7 influenza
virus;
Newcastle disease;
Salmonella Enteritidis;
Salmonella Heidelberg;
Salmonella Typhimurium;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
6
farmed bison
Foot-and-mouth disease;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
7
sheep and goats
Scrapie;
Foot-and-mouth disease;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
8
domestic cervids
Chronic wasting disease;
Foot-and-mouth disease;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
Schedule 2
Notifiable Diseases
ROW
COLUMN 1
COLUMN 2
1
all animals
All Salmonella species other than those
listed in Schedule 1;
All transmissible spongiform
encephalopathies other than those
listed in Schedule 1;
Lyme disease, or the condition of
carrying the Ixodes species of ticks;
Anthrax.
2
birds kept in
captivity, including
poultry
Avian chlamydiosis (Chlamydophila
psittaci).
3
wild birds
Avian influenza;
Newcastle disease.
4
ruminant animals
residing in a zoo
Anaplasmosis;
Bluetongue.
5
cattle and yaks
Anaplasmosis;
Bluetongue;
Johne's disease;
Vibriosis (genital campylobacteriosis);
Bovine trichomoniasis.
6
swine, including
wild boars
Swine influenza.
7
sheep and goats
Anaplasmosis;
Bluetongue;
Johne's disease;
Foot rot.
8
domestic cervids
Anaplasmosis;
Bluetongue;
Epizootic hemorrhagic disease;
Johne's disease.
9
wild cervids
Anaplasmosis;
Bluetongue;
Bovine tuberculosis;
Epizootic hemorrhagic disease;
Foot-and-mouth disease.
10
farmed bison
Anaplasmosis;
Bluetongue;
Bovine tuberculosis;
Brucellosis;
Johne's disease;
Malignant catarrhal fever.
11
wild bison
Anaplasmosis;
Bluetongue;
Bovine tuberculosis;
Brucellosis.
12
horses, mules and
donkeys
West Nile virus;
Neurotropic equine herpesvirus Type-1
(nEHV-1).
--------------------------------
Alberta Regulation 130/2014
Animal Health Act
ANIMAL HEALTH (GENERAL) REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 252/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
Table of Contents
1 Definition
2 Designation of authorized persons
3 Identification of inspectors
4 Appeal form
5 Offence
6 Penalties
7 Expiry
8 Coming into force
Schedule
Definition
1 In this Regulation, "Act" means the Animal Health Act.
Designation of authorized persons
2 The following persons are designated as authorized persons for the
purposes of section 1(e) of the Act:
(a) an animal pedigree association incorporated under the
Animal Pedigree Act (Canada);
(b) a caretaker under the Animal Protection Act;
(c) a person to whom authority has been delegated under section
7 of the Animal Health Act;
(d) an establishment under the Meat Inspection Act (Canada);
(e) the Government of Canada or an agency of the Government
of Canada and the government of a province or territory of
Canada or an agency of the government of a province or
territory;
(f) a hatchery permit holder under the Health of Animals Act
(Canada);
(g) a humane society under the Animal Protection Act;
(h) a licensee under the Livestock Market Regulation;
(i) a licensee under the Meat Inspection Act;
(j) a pharmacist under the Pharmacy and Drug Act;
(k) an owner or operator of a premises where animals, animal
products or animal by-products are held or used, including an
owner or operator of
(i) an animal research facility,
(ii) a location used for breeding-related activity, including
artificial insemination or the supply of ova, semen or
embryos,
(iii) a clinic, laboratory, hospital or other location where
veterinary or other diagnostic services are provided,
(iv) a boarding stable, or
(v) a fair or exhibition;
(l) an outlet licensee under the Authorized Medicine Sales
Regulation;
(m) a peace officer as defined in the Animal Protection Act;
(n) a permit holder under the Veterinary Profession Act;
(o) a person that transports animals;
(p) a qualification certificate holder under the Authorized
Medicine Sales Regulation;
(q) the owner or operator of a rendering plant under the Health
of Animals Act (Canada);
(r) a society under the Agricultural Societies Act;
(s) a wholesale licensee under the Authorized Medicine Sales
Regulation;
(t) a wildlife officer as defined in the Wildlife Act;
(u) a person who possesses wildlife or controlled animals under
a permit under the Wildlife Act.
Identification of inspectors
3 The identification that must be carried by inspectors for the
purposes of the Act is either
(a) an identification card issued by the chief provincial
veterinarian and bearing the photograph of the inspector, or
(b) a letter of appointment issued by the chief provincial
veterinarian supplemented by an identification card bearing
the photograph of the inspector issued by the Government of
Alberta or the Government of Canada.
Appeal form
4 The form to be used for an appeal of a decision with respect to a
quarantine order, a surveillance zone order or a control zone order is
the form set out in the Schedule to this Regulation.
Offence
5 A person who contravenes or fails to comply with any provision of
the Reportable and Notifiable Diseases Regulation is guilty of an
offence.
Penalties
6(1) A person who is guilty of an offence under section 5 is liable
(a) for a first offence, to a fine of not more than $15 000 and, in
the case of a continuing offence, to a further fine of not more
than $1000 for each day or part of a day during which the
offence continues after the first day, and
(b) for a 2nd or subsequent offence,
(i) to a fine of not more than $30 000 and, in the case of a
continuing offence, to a further fine of not more than
$2000 for each day or part of a day during which the
offence continues after the first day, or
(ii) to imprisonment for a term not exceeding one year,
or to both fines and imprisonment.
(2) A prosecution under subsection (1) may be commenced within 2
years of the commission of the alleged offence but not afterwards.
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
8 This Regulation comes into force on the coming into force of
section 19 of the Animal Health Amendment Act, 2009.
Schedule
Notice of Appeal
Animal Health Act
(Section 46(1)(a))
TO: Minister of Agriculture and Rural Development
408 Legislature Building
10800 - 97 Avenue
Edmonton, Alberta
T5K 2B6
TAKE NOTICE THAT I, (name of appellant) of (address of
appellant) , wish to appeal:
a determination of the expenses incurred in carrying out the
terms and conditions of
? (i) a quarantine order under section 17 of the Act,
? (ii) a surveillance zone order under section 24 of
the Act, or
? (iii) a control zone order under section 32 of the
Act.
A copy of that decision is attached and forms part of this notice of
appeal.
The grounds for the appeal are as follows:
(attach additional sheet if necessary)
DATED at , Alberta, this day of (month) , (year) .
(Signature)
--------------------------------
Alberta Regulation 131/2014
Animal Health Act
AUTHORIZED MEDICINE SALES REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 253/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
Table of Contents
1 Definitions
2 Application of Regulation
3 Application for licence
4 Suspension or cancellation of licence
5 Expiry of licence
6 Licence must be displayed
7 Change respecting licence
8 Change in ownership
9 Surrender of licence
10 Effect of surrender, suspension, cancellation or expiry of licence
11 Qualification certificate
12 Fee not refundable
13 Notices
14 Authorized medicine
15 Prohibitions, exception
16 Duties of inspector
17 Return of medicine
18 Records, receipts and reports
19 Manner of sale
20 Advertising
21 Storage of authorized medicine
22 Other duties of licensee
23 Qualification certificate holder prohibition
24 Restricting sale of other products
25 Businesses must be kept separate
26 Appeal
27 Fees
28 Offences
29 Penalties
30 Repeal
31 Expiry
32 Coming into force
Schedules
Definitions
1(1) In this Regulation,
(a) "Act" means the Animal Health Act;
(b) "commingling site operator" means an operator of a
commingling site as defined in the Premises Identification
Regulation (AR 200/2008);
(c) "licence" means an outlet licence or a wholesale licence
issued under the Act;
(d) "licensee" means a person who holds a licence under this
Regulation;
(e) "municipal authority" means a municipal authority as defined
in the Municipal Government Act;
(f) "permanent place of business" means a fixed location in a
building or a part of a building where a business is operated
that has signs or other markings that identify the building or a
part of the building as a place of business open to the public,
but does not include a business operated in a private dwelling
or in a building used to permanently house production
animals;
(g) "premises identification number" means a premises
identification number as defined in the Premises
Identification Regulation (AR 200/2008);
(h) "production animal" means
(i) a species of animal whose animal products or animal
by-products may be used for human ingestion, including
horses, or
(ii) a species of animal used for crop pollination,
but does not include dogs or cats;
(i) "sell" includes to offer for sale, expose for sale and have in
possession for sale or distribution, whether or not the
distribution is made for consideration.
(2) For the purposes of the Act and this Regulation, "authorized
medicine" means a medicine described in section 14.
Application of Regulation
2 This Regulation does not apply to
(a) the sale of medicated feeds prepared either in accordance
with the Feeds Act (Canada) or pursuant to a prescription
issued by a registered veterinarian,
(b) the sale of medicine by
(i) any person authorized by the Veterinary Profession Act
to sell medicine, when acting under authority of that act,
or
(ii) any person authorized by the Pharmacy and Drug Act to
sell medicine, when acting under authority of that Act,
(c) the sale of medicine by a manufacturer of medicine or a
person who sells medicine on a wholesale basis to
(i) any person referred to in subsection (b),
(ii) another manufacturer of medicine, or
(iii) a person who sells medicine on a wholesale basis.
Application for licence
3(1) An applicant for a wholesale licence must, in respect of each
permanent place of business for which a wholesale licence is required,
(a) submit an application in Form 1 set out in Schedule 1 to this
Regulation,
(b) have
(i) a valid business licence issued by a municipal authority
that authorizes the holder to operate a wholesale
business, or
(ii) where the municipal authority does not issue business
licences, a letter or copy of a development permit that is
acceptable to the Minister indicating that the applicant
is authorized to operate a wholesale business,
(c) have a valid Health Canada drug establishment licence, if
such a licence is required under the Food and Drugs Act
(Canada), and
(d) submit payment in full of the wholesale licence fee set out in
section 27(b).
(2) An applicant for an outlet licence must, in respect of each
permanent place of business for which an outlet licence is required,
(a) submit an application in Form 2 set out in Schedule 1 to this
Regulation,
(b) have
(i) a valid business licence issued by a municipal authority
that authorizes the holder to operate a retail business, or
(ii) where the municipal authority does not issue business
licences, a letter or copy of a development permit that is
acceptable to the Minister indicating that the applicant
is authorized to operate a retail business,
and
(c) submit payment in full of the outlet licence fee set out in
section 27(a).
Suspension or cancellation of licence
4(1) Where a licensee has intentionally made a false statement in the
application for a licence, or has contravened the Pharmacy and Drug
Act, the Veterinary Profession Act, the Food and Drugs Act (Canada)
or any Act of the Parliament of Canada relating to the sale or
distribution of medicine, the Minister may
(a) suspend the licensee's licence for a period of time that the
Minister considers appropriate, or
(b) cancel the licensee's licence.
(2) Where the Minister has suspended or cancelled a licensee's licence
under subsection (1), the Minister shall notify the licensee in writing of
that fact.
(3) Where the Minister has suspended or cancelled an outlet licence,
the outlet licensee shall
(a) immediately remove all medicine from public display,
(b) provide the Minister with a description and inventory of all
medicine in the outlet licensee's possession within 5 working
days,
(c) immediately cease the carrying on of business, including
advertising, related to the sale of medicine, and
(d) immediately cease the purchase of any further medicine.
(4) Where the Minister has suspended or cancelled a wholesale
licence, the wholesale licensee shall not sell authorized medicine to an
outlet licensee.
Expiry of licence
5 A licence expires on December 31 of the 5th year following the
year in which it was issued.
Licence must be displayed
6(1) Subject to subsection (2), a licensee must display the licensee's
licence at all times in a prominent location within the licensee's
permanent place of business.
(2) A licensee must remove a licence from display if the Minister has
suspended or cancelled the licence.
Change respecting licence
7(1) A licensee shall notify the Minister forthwith of a change in any
of the information provided on the application for the licence, or the
expiry, suspension or cancellation of any of the following documents
required under section 3 in respect of the licensee's licence:
(a) business licence;
(b) development permit or authorization letter;
(c) drug establishment licence.
(2) A licensee's licence is deemed to have been suspended by the
Minister on the expiry, suspension or cancellation of any of the
documents referred to in subsection (1)(a) to (c).
Change in ownership
8(1) On a change of ownership of a licensee's business, the licensee
shall notify the Minister forthwith and return the unexpired licence to
the Minister.
(2) Without limiting subsection (1),
(a) in the case of a licence issued to a partnership, a change in
ownership is deemed to have occurred if there is a change in
the partners of the partnership, and
(b) in the case of a licence issued to a corporation, a change in
ownership is deemed to have occurred if 50% or more of the
beneficial ownership of the shares in the corporation is sold,
assigned or transferred.
Surrender of licence
9 A licensee who intends to cease selling authorized medicine shall
(a) notify the Minister at least 14 days prior to the cessation of
the sale of authorized medicine at each permanent place of
business, and
(b) upon ceasing to sell authorized medicine, return the
licensee's licence to the Minister.
Effect of surrender, suspension, cancellation or expiry of licence
10(1) Sections 18(7), (8) and (9) and 22(1)(b) continue to apply to a
person whose licence has been suspended, cancelled or surrendered or
has expired.
(2) Section 17 applies to a person whose outlet licence has been
suspended or surrendered or has expired as if the person's outlet
licence had been cancelled by the Minister.
(3) Section 4(3) and (4) apply to a person whose licence has been
surrendered or has expired as if the person's licence had been
cancelled or suspended by the Minister.
(4) A person whose licence has been surrendered or cancelled or has
expired shall for 10 years following the date of the surrender,
cancellation or expiry notify the Minister within 14 days of any change
of address.
(5) A person whose licence has been suspended shall, during the
period of the suspension specified by the Minister under section
4(1)(a), notify the Minister within 14 days of any change of address.
(6) A person whose licence has been suspended or cancelled or has
expired shall on request surrender the licence to an inspector.
Qualification certificate
11(1) The Minister may issue a qualification certificate to an
applicant who has
(a) successfully completed any course of instruction or training
regarding the proper handling of authorized medicine that is
required by the Minister,
(b) passed an examination set by the Minister, and
(c) paid the fee for making the application as set out in section
27(c).
(2) A qualification certificate expires on December 31 of the 5th year
following the year in which the certificate was issued.
(3) An application for a qualification certificate must be made in Form
3 set out in Schedule 1 to this Regulation.
Fee not refundable
12(1) Subject to subsection (2), any fee paid under this Regulation is
not refundable.
(2) Where the Minister refuses to issue a licence under section 43.4 of
the Act, the Minister shall return the licence fee to the applicant.
Notices
13 A notice to be given to a licensee by the Minister under this
Regulation may be given by personal service or by registered mail
addressed to the licensee's last known address for service.
Authorized medicine
14(1) A medicine listed in subsection (2) is an authorized medicine if
the medicine
(a) is a veterinary biologic that, under the Health of Animals Act
(Canada), has been authorized for manufacture in, or import
into, Canada and is approved for sale in Canada,
(b) has been assigned a Drug Identification Number (DIN) under
the Food and Drugs Act (Canada) for use in production
animals in Canada, or
(c) is a product that is registered under the Pest Control Products
Act (Canada) as a product for direct application to a
production animal, including, without limitation, insecticide
impregnated ear tags.
(2) The following are the medicines listed for the purposes of
subsection (1):
(a) veterinary biologics for use in production animals, including
antiserums, bacterins, toxoids, antitoxins and products
containing concentrated or purified antibodies and vaccines,
except
(i) Anthrax vaccine,
(ii) Brucella vaccine,
(iii) rabies vaccine, or
(iv) modified-live virus and live virus vaccines for use in
mammals;
(b) modified-live virus and live virus vaccines for use in poultry;
(c) antibiotics and sulfonamides, including their salts and
derivatives, labelled by the manufacturer for administration
to production animals that do not require a prescription as
defined in the Pharmacy and Drug Act;
(d) preparations for the control of external and internal parasites
and insect pests of production animals;
(e) oral preparations labelled by the manufacturer for the
prevention or treatment of diseases of the digestive system in
production animals, including bloat, colic, indigestion,
diarrhea, constipation and impaction;
(f) preparations labelled by the manufacturer for the treatment of
surface wounds and lacerations, wire cuts and burns in
production animals;
(g) preparations labelled by the manufacturer for the treatment of
skin diseases in production animals, including topical hoof
care products;
(h) vitamins for injection or oral administration to production
animals, injectable vitamin A, not to exceed 500 000 I.U. per
millilitre, and injectable vitamin D, not to exceed 75 000 I.U.
per millilitre;
(i) preparations containing minerals for oral administration and
selenium and iron for injection into production animals for
the prevention or treatment of deficiencies, including
hematinics for horses, containing not more than 1 milligram
of copper gluconate or cobalt gluconate, or both;
(j) growth promotants in the form of implants and feed additives
labelled by the manufacturer for use in production animals;
(k) injectable epinephrine for treatment of anaphylactic reactions
in production animals;
(l) dextrose, calcium, phosphorus and magnesium preparations
and propylene glycol labelled by the manufacturer for
treatment and prevention of acetonemia and hypocalcemia in
production animals and preparations intended as an aid in the
supportive treatment of nutritional deficiencies in debilitated
production animals;
(m) anti-cannibalism compounds for poultry;
(n) topical preparations labelled by the manufacturer as
liniments, counterirritants or poultices for the treatment of
joint pain, swollen ligaments, tendons or muscles;
(o) oral or topical preparations labelled by the manufacturer as
antitussives, decongestants, bronchodilators or expectorants;
(p) acetylsalicylic acid boluses for horses and cattle;
(q) disinfectants, udder washes, teat dips and sanitizers;
(r) any other medicine authorized by the Chief Provincial
Veterinarian.
Prohibitions, exception
15(1) Only an outlet licensee or a wholesale licensee may sell
authorized medicine.
(2) Despite subsection (1), only an outlet licensee who operates a
hatchery under a permit pursuant to the Health of Animals Regulations
(Canada) may sell modified-live virus and live virus vaccines for use
in poultry.
(3) A person referred to in subsection (2) whose permit to operate a
hatchery has expired or been suspended or cancelled under the Health
of Animals Regulations (Canada) shall immediately
(a) notify the Minister of the expiry, suspension or cancellation,
and
(b) cease to sell modified-live virus and live virus vaccines.
(4) No outlet licensee shall
(a) purchase or sell a medicine that is not an authorized
medicine,
(b) purchase or sell a medicine that requires a prescription as
defined in the Pharmacy and Drug Act, or
(c) permit a medicine that is not an authorized medicine to be
stored at the licensee's permanent place of business or other
premises.
(5) No wholesale licensee shall sell a medicine that is not an
authorized medicine to an outlet licensee.
Duties of inspector
16(1) Where the Minister has suspended or cancelled an outlet
licence, the Minister may require an inspector to
(a) make a list of every medicine found at the outlet licensee's
permanent place of business or other premises,
(b) seal the cabinet or storage space where the outlet licensee's
medicine is kept, and
(c) erect a placard within the outlet licensee's permanent place
of business that reads "Authorized Medicine for Production
Animals Not For Sale by Order of the Minister of Agriculture
and Rural Development".
(2) No person other than an inspector shall remove a seal or placard
referred to in subsection (1)(b) and (c).
(3) If the Minister reinstates an outlet licence, the inspector shall
remove the seal or placard referred to in subsection (1)(b) and (c).
Return of medicine
17(1) Where the Minister has cancelled an outlet licence, the outlet
licensee shall return any returnable medicine to the person from whom
it was purchased and shall provide proof to the Minister that the
medicine has been returned.
(2) Any medicine that has not been returned under subsection (1) shall
be disposed of by the outlet licensee as directed by the Chief
Provincial Veterinarian or turned over to an inspector for disposal.
Records, receipts and reports
18(1) A licensee shall keep an accurate record for each authorized
medicine purchased and sold by the licensee in accordance with this
section.
(2) An outlet licensee and a wholesale licensee, when purchasing an
authorized medicine, shall record
(a) the source from which the authorized medicine was
purchased,
(b) the date of purchase,
(c) the name of the authorized medicine,
(d) the quantity of the authorized medicine, and
(e) the lot number of the authorized medicine.
(3) An outlet licensee, when selling an authorized medicine to a
purchaser, shall record
(a) the name and telephone number of the purchaser,
(b) the date of sale, and
(c) the information that appears on the purchaser's receipt as set
out in subsection (4).
(4) An outlet licensee shall provide to each purchaser of an authorized
medicine a receipt that shows
(a) the name of the authorized medicine,
(b) the lot number of the authorized medicine,
(c) the quantity of authorized medicine purchased,
(d) the expiry date of the authorized medicine, and
(e) a premises identification number of the owner of the animal
or the commingling site operator who purchased the
authorized medicine.
(5) A wholesale licensee, when selling an authorized medicine to an
outlet licensee, shall record
(a) the name and address of the outlet licensee,
(b) the date of sale, and
(c) the information that appears on the outlet licensee's receipt
as set out in subsection (6).
(6) A wholesale licensee shall provide to each outlet licensee who
purchases an authorized medicine a receipt that shows
(a) the name of the authorized medicine,
(b) the lot number of the authorized medicine, and
(c) the quantity of authorized medicine purchased.
(7) A licensee shall keep copies of all purchase receipts and records of
sales required under this section for a period of 10 years.
(8) A licensee shall ensure that all records required to be kept by the
licensee under this section are readily available for inspection by an
inspector.
(9) The Minister may at any time require a written report from a
licensee, in a form satisfactory to the Minister, containing information
required by the Minister.
Manner of sale
19(1) Subject to subsection (2), an outlet licensee may sell authorized
medicine only
(a) in person at the outlet licensee's permanent place of business,
(b) by telephone sales, or
(c) online or by other electronic means.
(2) An outlet licensee may sell antibiotics only in person at the outlet
licensee's permanent place of business.
(3) No outlet licensee shall solicit the sale of authorized medicine by
telephone, fax or other electronic means.
(4) This section does not apply to the sale of disinfectants, udder
washes, teat dips and sanitizers.
Advertising
20 An outlet licensee, when advertising the sale of authorized
medicine, shall not
(a) make a claim about the use, application or effectiveness of
the authorized medicine other than the factual information
from the label or package insert of the authorized medicine,
or
(b) advertise the price of an authorized medicine, other than on
the outlet licensee's website or within the outlet licensee's
permanent place of business.
Storage of authorized medicine
21(1) A licensee shall store authorized medicine in a manner
recommended by the manufacturer of the authorized medicine.
(2) Without restricting the generality of subsection (1),
(a) a licensee shall store or display authorized medicine that does
not require refrigeration in a place that
(i) prevents the authorized medicine from coming in
contact with any food or medicine designated for human
use, and
(ii) is clean and sanitary at all times,
and
(b) a licensee shall
(i) keep authorized medicine that requires refrigeration in a
refrigerator at the temperature recommended by the
manufacturer of the authorized medicine, and
(ii) ensure that the refrigerator
(A) does not contain any food or medicine designated
for human use, and
(B) is clean and sanitary at all times.
(3) A licensee shall ensure that all authorized medicine is stored and
handled in a manner that protects animals and their feed from being
contaminated with the authorized medicine.
(4) A licensee shall, immediately after the expiration date of any
authorized medicine, remove the authorized medicine from public
view and keep it separate from other stock until it is destroyed or
returned to the supplier.
Other duties of licensee
22(1) A licensee shall
(a) sell authorized medicine only in containers labelled by the
manufacturer, and
(b) package and ship or transport authorized medicine in
accordance with the manufacturer's specifications.
(2) An outlet licensee shall establish and maintain business hours of
not fewer than 40 hours per week at the permanent place of business to
which the outlet licence applies.
(3) An outlet licensee shall
(a) draw to the attention of a purchaser of authorized medicine
any precautions to be taken with respect to the minimum
amount of time that must elapse
(i) between the administration of the authorized medicine
to a production animal and the slaughter of the animal,
and
(ii) between the administration of the authorized medicine
to a production animal and the time at which the animal
products and animal by-products may be used for
human ingestion,
(b) draw to the attention of a purchaser of authorized medicine
all information on the label with respect to
(i) dosage,
(ii) approved species,
(iii) method of administration,
(iv) expiry date,
(v) toxicity warnings, and
(vi) precautions,
and
(c) with regard to sales in person, display a sign, in a form
determined by the Minister, in a prominent location within
the licensee's permanent place of business, and, with regard
to telephone or online or other sales by electronic means,
provide written notice that emphasizes and draws the
purchaser's attention to
(i) the importance of proper use of authorized medicine,
and
(ii) the contact information of a staff person who holds a
qualification certificate for clarification of any questions
regarding the safe and proper use of authorized
medicine.
(4) No licensee shall
(a) repackage, alter the label of or alter the contents of any
authorized medicine,
(b) give away, barter or sell any authorized medicine as an
inducement to purchase other merchandise, or
(c) sell authorized medicine after the expiry date of the
authorized medicine.
(5) No licensee shall
(a) recommend the use of an authorized medicine for purposes,
or at a dosage level, or for animals not prescribed on the
manufacturer's label, or
(b) diagnose a disease, disorder or condition of an animal,
prescribe medicine or otherwise contravene section 2(1) of
the Veterinary Profession Act.
(6) Despite subsections (1) and (4), an outlet licensee may sell
individual boluses of authorized medicine if
(a) copies of the package inserts and suitable containers are
provided to the purchaser, and
(b) the containers are inscribed with the Drug Identification
Number, lot number and expiry date of the authorized
medicine sold.
Qualification certificate holder prohibition
23 No holder of a qualification certificate shall
(a) recommend the use of authorized medicine for purposes, or
at a dosage level, or for animals not prescribed on the label,
or
(b) diagnose a disease, disorder or condition of an animal,
prescribe medicine or otherwise contravene section 2(1) of
the Veterinary Profession Act.
Restricting sale of other products
24 No licensee shall sell a product that, in the opinion of the
Minister, poses a health risk to humans or production animals.
Businesses must be kept separate
25(1) A licensee who also holds another licence under the Act to sell
authorized medicine, or a licence under another enactment to sell
medicine, shall not carry on both businesses in the same permanent
place of business unless each business
(a) has its own entrance and exit separate from the entrance and
exit for the other business,
(b) operates under a unique name or a name that is distinct from
the name of the other business,
(c) has its own receiving and storage area separate from the
receiving and storage area for the other business, and
(d) uses separate invoices for the sale of its medicine or
authorized medicine and other products.
(2) In addition to the requirements of subsection (1), where a licensee
carries on two businesses in the same permanent place of business, the
business premises must be separated by a partition that does not permit
customers to pass from one to the other.
Appeal
26 An application for an appeal for the purposes of section 46(1)(c),
(d) or (e) of the Act must be made in the form set out in Schedule 2 to
this Regulation.
Fees
27 The fees for licences and qualification certificates are as follows:
(a) an outlet licence $100;
(b) a wholesale licence $100;
(c) a qualification certificate $100.
Offences
28 A person who contravenes or fails to comply with this Regulation
is guilty of an offence.
Penalties
29(1) A person who is guilty of an offence under section 28 is liable
(a) for a first offence, to a fine of not more than $15 000 and, in
the case of a continuing offence, to a further fine of not more
than $1000 for each day or part of a day during which the
offence continues after the first day, and
(b) for a 2nd or subsequent offence,
(i) to a fine of not more than $30 000 and, in the case of a
continuing offence, to a further fine of not more than
$2000 for each day or part of a day during which the
offence continues after the first day, or
(ii) to imprisonment for a term not exceeding one year,
or to both fines and imprisonment.
(2) A prosecution under subsection (1) may be commenced within 2
years of the commission of the alleged offence but not afterwards.
Repeal
30 The Production Animal Medicine Regulation (AR 299/2003) is
repealed.
Expiry
31 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
32 This Regulation comes into force on the coming into force of
section 19 of the Animal Health Amendment Act, 2009.
Schedule 1
Form 1
APPLICATION FOR WHOLESALE LICENCE
Applicant Information
(a) Individual
(b) Partnership
(c) Corporation (attach copy of incorporation certificate)
(d) Other
Incorporation number/corporate access number:
Trade name(s), if applicable:
Mailing address:
Town/city: ______________________ Postal code:
Key Contact Information
Name and telephone numbers of:
OWNER
MANAGER
Name:
Name:
Telephone:
Telephone:
Mobile phone:
Mobile phone:
E-mail:
E-mail:
Permanent Place of Business
Address of the permanent place of business:
Business Licence or Development Permit
Attach a copy of the current business licence or, in the case of
municipal authorities that do not issue business licences, a letter or a
copy of a development permit from the municipal authority that
indicates you have authority to operate a wholesale business.
Other Licences
Health Canada Drug Establishment Licence number and expiry date:
Attach a copy of the Health Canada Drug Establishment Licence to
this application.
Certification
? I am an authorized representative of the applicant.
OR
? I am the applicant.
I certify that the information given on this form is, to the best of
my knowledge, true and complete.
Dated at: ______________________, Alberta
this ____________ day of ________, 20__
_____________________
First and last name (print) Position/title
____________________________
Signature and/or corporate seal
Form 2
APPLICATION FOR OUTLET LICENCE
Applicant Information
(a) Individual
(b) Partnership
(c) Corporation (attach copy of incorporation certificate)
(d) Other
Incorporation number/corporate access number:
Trade name(s), if applicable:
Mailing address:
Town/city: ______________________ Postal code:
Key Contact Information
Name and telephone numbers of:
OWNER
MANAGER
Name:
Name:
Telephone:
Telephone:
Mobile phone:
Mobile phone:
E-mail:
E-mail:
Permanent Place of Business
Municipal address of the permanent place of business:
Addresses of any premises where authorized medicine is stored:
Business Operation Details
My retail business sells the following products or services:
Proposed business hours are:
Business Licence or Development Permit
Attach a copy of the current business licence or, in the case of
municipal authorities that do not issue business licences, a letter or a
copy of a development permit from the municipal authority that
indicates you have authority to operate a retail business.
Qualification Certificates
The following individual(s) hold or will be applying for a qualification
certificate in accordance with the Authorized Medicine Sales
Regulation:
Name: Qualification Certificate #: Expiry Year:
____________ _______________________ __________
____________ _______________________ __________
Certification
? I am an authorized representative of the applicant.
OR
? I am the applicant.
I certify that the information given on this form is, to the best of
my knowledge, true and complete.
Dated at: ______________________, Alberta
this ____________ day of ________, 20__
_____________________
First and last name (print) Position/title
____________________________
Signature and/or corporate seal
Form 3
APPLICATION FOR
QUALIFICATION CERTIFICATE
Name:
Address:
Town/city: ______________________ Postal code:
Telephone: ____________________ Fax:
I am applying for a qualification certificate.
I wish to write the qualification certificate examination on _______ in
______.
Schedule of examinations:
Examinations are scheduled for ____ (a.m./p.m.) at the assigned
locations.
The qualification certificate fee of $100.00 is due at the time of
writing the examination.
_____________________
Applicant's signature
Dated ________________, 20___.
Schedule 2
Notice of Appeal
Animal Health Act
(Section 46(1)(c), (d) and (e))
TO: Minister of Agriculture and Rural Development
Legislature Building
10800 - 97 Avenue
Edmonton, Alberta
T5K 2B6
TAKE NOTICE THAT (name of appellant) of (address of
appellant) wishes to appeal the decision of the Minister, dated
the (day) of (month) , (year) , to:
refuse to issue a licence or qualification certificate
suspend a licence or qualification certificate
cancel a licence or qualification certificate
impose terms and conditions on or vary the terms and
conditions of a licence
A copy of that decision is attached and forms part of this appeal.
The grounds for the appeal are as follows:
(attach additional sheet if necessary)
DATED at ________, Alberta, this _____ day of _______, 20___.
(Signature)
Alberta Regulation 132/2014
Animal Health Act
DISPOSAL OF DEAD ANIMALS REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 254/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
Table of Contents
1 Definitions
2 Application
Disposal of Dead Animals
3 Owner's duties
4 Disposal by meat facility
5 Conditions respecting use of disposal methods
6 Diseased animals
7 Disposal in landfill
8 Burial
9 Burning
10 Composting in compost facility
11 Farm composting
12 Food for other animals
13 Rendering
14 Natural disposal
15 Method approved by Minister
16 Approval of disposal methods
17 Rendering plant
18 Disaster or emergency
General
19 Transport of non-rendered dead animal
20 Diagnosis of animal diseases
21 Offences
22 Penalties
23 Repeal
24 Expiry
25 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Animal Health Act;
(b) "composting", in respect of a dead animal, means a managed
process for aerobic decomposition of the dead animal;
(c) "dead animal" means
(i) all or part of an animal that has died from a cause other
than having been slaughtered or killed for
(A) human or animal consumption, or
(B) an animal product or animal by-product,
(ii) inedible offal, condemned material or waste material
from an animal that was slaughtered or killed for
(A) animal consumption, or
(B) an animal product or animal by-product,
and
(iii) inedible offal, condemned material or waste material
from an animal processed at a meat facility;
(d) "meat facility" means
(i) a meat facility within the meaning of the Meat
Inspection Act, and
(ii) an establishment within the meaning of the Meat
Inspection Act (Canada) in which animals are
slaughtered;
(e) "rendering plant" means a rendering plant within the
meaning of the Health of Animals Act (Canada).
Application
2(1) This Regulation does not apply to wildlife as defined in the
Wildlife Act or controlled animals as defined in the Wildlife Act, except
(a) wildlife or controlled animals possessed by a person who is
or was the holder of a zoo permit under the Wildlife Act
relating to the wildlife or controlled animals,
(b) wildlife possessed by a person who is or was the holder of a
game bird farm permit under the Wildlife Act relating to the
wildlife,
(c) wildlife possessed by a person who is or was the holder of a
temporary shelter permit under the Wildlife Act relating to the
wildlife,
(d) fur-bearing animals held by a person who is or was the
holder of a licence under the Fur Farms Act relating to the
fur-bearing animals,
(e) wildlife or controlled animals possessed by a non-resident or
non-resident alien who is or was the holder of an import
permit under the Wildlife Act relating to the wildlife or
controlled animals, and
(f) wildlife processed at a meat facility.
(2) For greater certainty, nothing in this Regulation affects the
operation of any other law, including, without limitation,
(a) any law that requires an approval, consent, permit, licence or
other authorization or document to be obtained for an activity
relating to the disposal of a dead animal, or
(b) any law that relates to a method of disposal, including
without limitation, any law prohibiting or regulating the
setting of fires.
Disposal of Dead Animals
Owner's duties
3(1) The owner of a dead animal shall dispose of the dead animal in
accordance with this Regulation.
(2) In storing or disposing of a dead animal, the owner of the dead
animal shall ensure that
(a) the odours generated by the dead animal are minimized,
(b) any run-on or run-off water at the site where the dead animal
is located is minimized,
(c) the risk of the spread of disease is minimized, and
(d) the dead animal does not create a nuisance.
(3) The owner of a dead animal shall dispose of the dead animal
within 7 days unless the owner stores the dead animal
(a) outside during winter months when the ambient temperature
is low enough to keep the dead animal completely frozen,
(b) in a freezer unit, or
(c) in accordance with the directions of the chief provincial
veterinarian, an inspector appointed under section 6(2) of the
Act or a veterinary inspector appointed under the Health of
Animals Act (Canada).
(4) The owner of a dead animal shall comply with any direction of an
inspector directing the owner to dispose of the dead animal.
(5) The owner of an animal that is euthanized with drugs or other
chemical substances shall take steps to prevent scavengers from
gaining access to the animal beginning at the time the drugs or other
chemical substances are administered until the final disposal of the
dead animal.
Disposal by meat facility
4 Subject to section 6 and the terms of any order made under section
18, an owner or operator of a meat facility shall dispose of a dead
animal by a method
(a) set out in section 7, 9(b), 10 or 13,
(b) referred to in section 15 that is approved for use by owners or
operators of meat facilities under section 16, or
(c) authorized by the chief provincial veterinarian.
Conditions respecting use of disposal methods
5 An owner of a dead animal shall not dispose of a dead animal using
a method referred to in section 8, 9(a), 11 or 14 unless
(a) the owner had custody or care and control of the animal
immediately before the animal's death, and
(b) the owner is an owner of the land or premises on which the
dead animal is disposed of.
Diseased animals
6(1) If a dead animal is known or suspected to have had a disease that
is reportable under the Act but is not reportable under the Health of
Animals Act (Canada), the owner of the dead animal shall dispose of
the dead animal by a method provided for in this Regulation as
directed by the chief provincial veterinarian or an inspector appointed
under section 6(2) of the Act.
(2) If a dead animal is known or suspected to have had a disease that
is not reportable under the Act but is reportable under the Health of
Animals Act (Canada), the owner of the dead animal shall dispose of
the dead animal by a method provided for in this Regulation as
directed by a veterinary inspector appointed under the Health of
Animals Act (Canada).
(3) If a dead animal is known or suspected to have had a disease that
is reportable under the Act and under the Health of Animals Act
(Canada), the owner of the dead animal shall dispose of the dead
animal by a method provided for in this Regulation as directed by
(a) the chief provincial veterinarian or an inspector appointed
under section 6(2) of the Act, or
(b) a veterinary inspector appointed under the Health of Animals
Act (Canada).
Disposal in landfill
7 Subject to section 6 and the terms of any order made under section
18, a dead animal may be disposed of in a Class I or Class II landfill as
defined in the Waste Control Regulation (AR 192/96).
Burial
8(1) In this section, "provincial highway" means a provincial highway
as defined in the Highways Development and Protection Act, but does
not include a proposed highway.
(2) Subject to section 6 and the terms of any order made under section
18, a dead animal may be buried in a farm burial pit in accordance with
subsections (3) to (6).
(3) A dead animal may be buried in a farm burial pit only if the
bottom of the pit is at least one metre above the seasonal high-water
table.
(4) One or more dead animals may be buried in a farm burial pit if
(a) the total weight of the dead animals buried in the pit does not
exceed 2500 kg, and
(b) the pit
(i) is at least 100 m from any well or other domestic water
intake, stream, creek, pond, spring, river, irrigation
canal, dugout or other water source and the high-water
mark of any lake,
(ii) is at least 25 m from the edge of any coulee or
embankment,
(iii) is at least 10 m from any other farm burial pit,
(iv) is at least 100 m from any residence,
(v) is at least 100 m from the boundary of any land owned
or leased by a person other than the owner of the dead
animal, unless the owner or leaseholder of the land has
consented in writing to the pit being located closer to
the boundary,
(vi) is at least 300 m from any provincial highway, and
(vii) is covered with
(A) a minimum of one metre of compacted soil, if no
additional dead animals are to be buried in the pit,
or
(B) a wooden or metal lid that is designed to exclude
scavengers and quicklime is applied to the dead
animal or animals in sufficient quantities to control
flies and odour, if the weight limit established by
clause (a) has not been reached and the owner
intends to bury additional dead animals in the farm
burial pit.
(5) For the purposes of subsection (4)(a), the total weight of dead
animals is determined by adding the weight at the time of burial of
each dead animal buried in the pit to the weight at the time of burial of
each dead animal previously buried in the pit.
(6) One or more dead animals may be buried in a farm burial pit if
(a) the total weight of the dead animals buried in the pit does not
exceed 100 kg, and
(b) the pit
(i) is at least 50 m from any well or other domestic water
intake, stream, creek, pond, spring, river, irrigation
canal or other water source and the high-water mark of
any lake,
(ii) is at least 25 m from the edge of any coulee or
embankment,
(iii) is at least 100 m from any residence situated on land
owned or leased by a person other than the owner of the
dead animal,
(iv) is at least 3 m from any other farm burial pit,
(v) is covered with a minimum of one metre of compacted
soil, and
(vi) has not been used for the burial of a dead animal during
the previous 5-year period.
(7) If authorized in writing by the chief provincial veterinarian or an
inspector appointed under section 6(2) of the Act, one or more dead
animals exceeding 2500 kg in total weight may be buried in a farm
burial pit in accordance with any directions provided in the
authorization.
Burning
9 Subject to section 6 and the terms of any order made under section
18, a dead animal may be burned in accordance with the applicable
provisions in the Environmental Protection and Enhancement Act and
in the regulations or codes of practice under that Act relating to the
burning
(a) in an open fire, or
(b) in an incinerator.
Composting in compost facility
10 Subject to section 6 and the terms of any order made under
section 18, a dead animal may be disposed of by composting in a Class
I compost facility as defined in the Waste Control Regulation
(AR 192/96).
Farm composting
11(1) Subject to section 6, and the terms of any order made under
section 18, a dead animal may be disposed of by composting
(a) in an outdoor farm open compost pile
(i) that is
(A) at least 100 m from any well or other domestic
water intake, stream, creek, pond, spring, river,
irrigation canal, dugout or other water source and
the high-water mark of any lake,
(B) at least 25 m from the edge of any coulee or
embankment, and
(C) at least 100 m from any residence,
(ii) that is designed in a manner that will exclude
scavengers,
(iii) that is at least 100 m from the boundary of any land
owned or leased by a person other than the owner of the
dead animal, unless the owner or leaseholder of the land
has consented in writing to the outdoor farm open
compost pile being located closer to the boundary,
(iv) that is at least 300 m from any provincial highway, and
(v) in which the dead animal or animals are covered with at
least 60 cm of composting material,
or
(b) in an indoor farm open compost pile that is located in a
building that has
(i) an impervious floor, and
(ii) adequate drainage control to prevent the contamination
of surface water or groundwater from the compost
effluent.
(2) Where one or more dead animals are composted in an outdoor or
indoor farm open compost pile,
(a) the volume of the dead animal or animals in the compost pile
must not exceed 25% of the total volume of the compost pile,
and
(b) material may not be removed from the compost pile until the
dead animal or animals are composted to the extent that
(i) the generation of odours by the compost is minimized,
(ii) the compost will not contaminate surface water or
groundwater,
(iii) the compost will not attract vectors of disease, and
(iv) the use of the compost will not cause or contribute to
the spread of disease, cause scavenging or create a
nuisance.
Food for other animals
12(1) Subject to section 6 and the terms of any order made under
section 18, the owner of a dead animal may dispose of the dead
animal by feeding it or allowing another person to feed it to an
animal if the owner of the dead animal
(a) knows that the dead animal
(i) did not have an infectious or contagious disease or a
disease that is notifiable under the Act or reportable
under the Act or the Health of Animals Act (Canada),
and
(ii) was not euthanized with drugs or other chemical
substances,
and
(b) provides a written certificate to the owner of the animal to
which the dead animal is being fed confirming that the dead
animal did not have a disease referred to in clause (a) and
was not euthanized as referred to in clause (a), where the
dead animal is being fed to an animal that is not owned by
the owner of the dead animal.
(2) No person shall feed a dead animal to a production animal as
defined in the Authorized Medicine Sales Regulation if the feeding
of the dead animal to the production animal would contravene the
Health of Animals Act (Canada) or the regulations under that Act.
Rendering
13 Subject to section 6 and the terms of any order made under
section 18, a dead animal may be disposed of by rendering at a
rendering plant operated under a permit issued under the Health of
Animals Act (Canada).
Natural disposal
14(1) In this section, "natural disposal", in respect of a dead animal,
means disposing of the dead animal in a manner that allows for
scavenging.
(2) Subject to section 6 and the terms of any order made under section
18, a dead animal, other than inedible offal or condemned material,
may be disposed of by natural disposal if
(a) the animal is not known or suspected to have had an
infectious or contagious disease or a disease that is notifiable
under the Act or reportable under the Act or the Health of
Animals Act (Canada),
(b) the dead animal was not euthanized with drugs or other
chemical substances,
(c) the total weight of the animals being disposed of at one site
does not exceed 1000 kg,
(d) there is a distance of at least 500 m between disposal sites,
and
(e) the dead animal is disposed of at a disposal site that
(i) is on property that is owned or leased by the owner of
the dead animal and at least 100 m from the boundary of
land owned or leased by a person other than the owner
of the dead animal, unless the owner or leaseholder of
the land has consented in writing to the disposal site
being located closer to the boundary,
(ii) is at least 500 m from any well or other domestic water
intake, stream, creek, pond, spring, river irrigation
canal, dugout or other water source and the high-water
mark of any lake,
(iii) is at least 25 m from the edge of any coulee or
embankment,
(iv) is at least 400 m from any livestock facility, including a
pasture, situated on land owned or leased by a person
other than the owner of the dead animal,
(v) is at least 400 m from any residence,
(vi) is at least 400 m from any road, and
(vii) is at least 400 m from any
(A) park or recreation area as those terms are defined
in the Provincial Parks Act,
(B) wilderness area, ecological reserve, natural area or
heritage rangeland as those terms are defined in the
Wilderness Areas, Ecological Reserves, Natural
Areas and Heritage Rangelands Act, or
(C) any other land intended for recreational use by the
public.
Method approved by Minister
15 Subject to section 6 and the terms of any order made under
section 18, a dead animal may be disposed of in a manner that has been
approved by the Minister under section 16 if any terms or conditions
imposed under that section are complied with.
Approval of disposal methods
16 The Minister may approve a method or methods for the disposal
of dead animals in addition to the methods provided for under sections
7 to 14 and may, in the approval,
(a) specify whether the method or methods are approved for use
by owners or operators of meat facilities, and
(b) impose any terms or conditions on the disposal of dead
animals using the method or methods that the Minister
considers appropriate.
Rendering plant
17 The owner or operator of a rendering plant shall ensure
(a) that a dead animal rendered at the plant is subjected to such
temperature and pressure as is necessary to render every
portion of the carcass free from all viable pathogenic
organisms, and
(b) that microbiological quality assurance processes are in place
to prevent the occurrence of viable pathogenic organisms.
Disaster or emergency
18(1) In the event of a disaster or emergency, including, without
limitation, a flood, fire or outbreak of disease, the chief provincial
veterinarian may, for the purposes of responding to and dealing with
the effects of the disaster or emergency, make an order
(a) in respect of any person or class of persons that for the period
set out in the order
(i) exempts the person or class of persons from the
application of this Regulation or any provision of this
Regulation, or
(ii) varies the rules applicable to a method for the disposal
of dead animals set out in this Regulation in respect of
dead animals disposed of or to be disposed of by the
person or class of persons,
or
(b) in respect of any owner or class of owner of a dead animal or
type of dead animal specified in the order that directs the
owner or class of owner to dispose of the dead animal or a
dead animal of that type in a manner or by a method
specified in the order.
(2) A person or owner who is the subject of an order or is a member of
a class of persons or owners that is the subject of an order under
subsection (1)(a)(ii) or (b) shall comply with the order.
General
Transport of non-rendered dead animal
19 A person who transports, or prepares for transport, a dead animal
that has not been rendered shall ensure that the dead animal is
transported or prepared for transport in such a manner so as to prevent
(a) any dissemination of pathogenic organisms into the
environment from the leakage of blood or other body fluids
of the dead animal, and
(b) the contamination of food intended for consumption by
humans or animals.
Diagnosis of animal diseases
20 Nothing in this Regulation prohibits the collection, shipment or
transport of a dead animal as may be required by a registered
veterinarian or the owner of the dead animal for the diagnosis of
animal disease.
Offences
21 A person who contravenes or fails to comply with this Regulation
is guilty of an offence.
Penalties
22(1) A person who is guilty of an offence under section 21
(a) for a first offence, to a fine of not more than $15 000 and, in
the case of a continuing offence, to a further fine of not more
than $1000 for each day or part of a day during which the
offence continues after the first day, and
(b) for a 2nd or subsequent offence,
(i) to a fine of not more than $30 000 and, in the case of a
continuing offence, to a further fine of not more than
$2000 for each day or part of a day during which the
offence continues after the first day, or
(ii) to imprisonment for a term not exceeding one year,
or to both fines and imprisonment.
(2) A prosecution under subsection (1) may be commenced within 2
years of the commission of the alleged offence but not afterwards.
Repeal
23 The Destruction and Disposal of Dead Animals Regulation
(AR 229/2000) is repealed.
Expiry
24 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
25 This Regulation comes into force on the coming into force of
section 19 of the Animal Health Amendment Act, 2009.
--------------------------------
Alberta Regulation 133/2014
Animal Health Act
LIVESTOCK MARKET REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 255/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
Table of Contents
1 Definitions
2 Application for livestock market licence
3 Suspension or cancellation of licence
4 Notice of closure
5 Expiry of licence
6 Licence must be displayed
7 Records
8 Change of contact information
9 Change in ownership
10 Surrender of licence
11 Effect of surrender, suspension, cancellation or expiry of licence
12 Construction and maintenance
13 Additional livestock market capacity
14 Sanitation and other requirements
15 Cleaning and disinfecting
16 Prohibition of use of area or structure
17 Order to detain livestock
18 Order to close
19 Orders or notices
20 Misleading statements
21 Licences continued
22 Appeal
23 Fee not refundable
24 Notice to operator
25 Offences
26 Penalties
27 Repeal
28 Expiry
29 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "gathering station" means a non-commercial facility that is
used infrequently and on an informal basis to assemble
livestock of more than one owner for shipment by any form
of transportation;
(b) "highway" means a highway as defined under the Traffic
Safety Act;
(c) "livestock" means alpacas, asses, birds (including poultry),
bison, cattle, cervids, goats, horses, llamas, mules, sheep,
swine and wild boar;
(d) "livestock market" means any area of land, including
buildings, structures, pens, fences, gates, chutes, weigh scales
and any other equipment located on the land, that is operated
(i) as a public market for the purchase or sale, or both, of
livestock or for the receiving of livestock for sale on
consignment, or
(ii) to assemble livestock for shipment by any form of
transportation and includes any premises maintained
with respect to the movement of livestock by a common
carrier as a service to livestock owners,
but does not include the following:
(iii) a pet store;
(iv) a facility that is associated with an abattoir for the
purpose of holding livestock for slaughter;
(v) any area of land or facility used in respect of the sale of
livestock by a producer or feedlot operator where the
livestock offered for sale have been held on that land for
growing, sustaining, finishing or breeding purposes;
(vi) any area of land or facility used for the purpose of
holding an annual sale or a semi-annual sale of
registered purebred livestock or commercial breeding
livestock by a breeder or a group of breeders;
(vii) any area of land or facility used for the purpose of
holding a sale of livestock on behalf of members of
recognized 4-H clubs;
(viii) a gathering station;
(e) "municipal authority" means a municipal authority as defined
in the Municipal Government Act;
(f) "operator" means a person who operates a livestock market;
(g) "premises identification account" means a premises
identification account as defined in the Premises
Identification Regulation (AR 200/2008);
(h) "premises identification number" means a premises
identification number as defined in the Premises
Identification Regulation (AR 200/2008);
(i) "road authority" means a road authority as defined under the
Traffic Safety Act.
Application for livestock market licence
2(1) Every application for a livestock market licence must
(a) be made to the Minister in the form set out in Schedule 1,
(b) include a diagram indicating
(i) the legal land description of the location of the livestock
market and, if applicable, the municipal address of the
livestock market,
(ii) the vehicle entrances to and exits from the livestock
market where the livestock market is located adjacent to
a road,
(iii) the location of the buildings, structures, fences and
pens,
(iv) the vehicle cleaning area and manure and soiled
bedding storage area as required under section 14, and
(v) how the construction of the livestock market addresses
the requirements set out in section 12,
and
(c) be accompanied by a fee of $100.
(2) Where a person applies for a licence to operate a livestock market
for which no licence was subsisting in the 12 months immediately
preceding the date of the application, that person must provide the
Minister with a written statement
(a) from the municipal authority indicating that a development
permit has been issued for the livestock market, and
(b) from the relevant road authority approving the location of the
livestock market and the vehicle entrances to and exits from
the livestock market where that livestock market is situated
adjacent to a highway.
(3) No person shall intentionally make a false statement in an
application for a licence.
Suspension or cancellation of licence
3(1) Where an operator has intentionally made a false statement in the
application for a licence or has contravened the Livestock Identification
and Commerce Act, the Minister may
(a) suspend the operator's licence for a period that the Minister
considers appropriate, or
(b) cancel the operator's licence.
(2) Where the Minister has suspended or cancelled a licence under this
section, the Minister shall notify the operator in writing of that fact.
(3) Where the Minister has suspended or cancelled a licence, the
operator shall immediately cease operating the livestock market.
Notice of closure
4(1) Where a licence is cancelled or suspended, an inspector may
place on the livestock receiving chute or area of the livestock market a
notice stating "CLOSED BY ORDER OF ALBERTA
AGRICULTURE AND RURAL DEVELOPMENT".
(2) The notice placed on the livestock receiving chute or area of a
livestock market under subsection (1) must be removed by an inspector
if a person presents the inspector with a new or reinstated licence
permitting the operation of that livestock market.
(3) No person shall remove, modify or destroy a notice posted under
this section by the inspector without the authorization of the inspector.
Expiry of licence
5 A licence expires on December 31 of the 5th year following the
year in which it was issued.
Licence must be displayed
6 An operator must display the operator's licence at all times in a
prominent location within the livestock market.
Records
7(1) The operator shall keep an accurate record of each transaction
relating to livestock that takes place at a livestock market, including
(a) the livestock owner's name, address, telephone number and
premises identification number,
(b) for horses, cattle and sheep, the number, colour, kind and
brand or identifier as recorded in the livestock manifest
required under the Livestock Identification and Commerce
General Regulation (AR 208/2008),
(c) for livestock other than the livestock referred to in clause (b),
the number, species, sex and livestock identifier, if available,
and if the livestock identifier is unavailable, a description of
each head of livestock, and
(d) the name, address and telephone number of each purchaser of
livestock.
(2) The operator shall maintain a record kept under this section for at
least 10 years from the date that the transaction took place and provide
the record to the Minister upon request within 2 business days or any
other period of time acceptable to the Minister.
(3) If an operator who is required to keep records and report
information pursuant to subsection (1) is also required to keep the
same records and report the same information under the Livestock
Identification and Commerce Act, the operator is deemed to have
satisfied the requirement to keep records and report information under
this Regulation if the same records are kept and the same information
is reported as under the Livestock Identification and Commerce Act.
Change of contact information
8 Every operator shall notify the Minister in writing and within 30
days of a change in the operator's contact information and any change
in the contact information for the person who will be the primary
contact for the livestock market during and after business hours,
including the operator's or the person's
(a) mailing address,
(b) telephone number,
(c) cell phone number, if available,
(d) fax number, if available, and
(e) e-mail address, if available.
Change in ownership
9(1) On a change of ownership of a livestock market, the operator
shall notify the Minister forthwith and return the unexpired licence to
the Minister.
(2) Without limiting subsection (1),
(a) in the case of a licence issued to a partnership, a change in
ownership is deemed to have occurred if there is a change in
the partners of the partnership, and
(b) in the case of a licence issued to a corporation, a change in
ownership is deemed to have occurred if 50% or more of the
beneficial ownership of the shares in the corporation are sold,
assigned or transferred.
Surrender of licence
10 An operator who intends to cease operating a livestock market
shall notify the Minister at least 14 days prior to the cessation of the
operation of the livestock market and shall return the licence to the
Minister once the operation of the livestock market has ceased.
Effect of surrender, suspension, cancellation or expiry of licence
11(1) Section 7(2) continues to apply to an operator whose licence
has been surrendered, suspended or cancelled or has expired.
(2) An operator whose licence has been surrendered or cancelled or
has expired shall for 10 years following the date of the surrender,
cancellation or expiry notify the Minister within 14 days of any change
in contact information.
(3) An operator whose licence has been suspended shall, during the
period of the suspension, notify the Minister within 14 days of any
change of address.
Construction and maintenance
12 The operator shall ensure that a livestock market is constructed
and maintained in such a manner that
(a) all swine and calf pens have solid partitions to a minimum
height of 1.25 metres,
(b) every pen and passageway outside its buildings has a
concrete floor or earth floor that is adequately drained,
(c) every pen and passageway inside its buildings and every
sales ring has a concrete floor that is scored and adequately
drained,
(d) every structure or area used for the confining or handling of
livestock, including chutes and squeezes, minimizes the
possibility of injury to livestock, and
(e) the livestock located at that facility cannot have contact with
livestock located outside of the livestock market.
Additional livestock market capacity
13(1) An operator must apply to the Minister in a form acceptable to
the Minister if the operator wishes to
(a) expand the total area of the livestock market, or
(b) expand any buildings, structures or other facilities within the
livestock market.
(2) An application under subsection (1) must include
(a) details of the expansion requested,
(b) the approval from the municipal authority respecting the
expansion of the livestock market,
(c) the approval from the relevant highway authority, if the
proposed expansion will change the vehicle entrances and
exits to the livestock market where the livestock market is
located adjacent to a highway, and
(d) a revised diagram illustrating the proposed expansion of the
livestock market, including any difference from any diagram
submitted to the Minister as part of the application for the
same or a previous licence.
(3) When considering an application under this section, the Minister
may require the operator to provide any additional information the
Minister considers necessary.
(4) The operator shall ensure that the changes to the livestock market
described in subsection (1) meet the requirements of this Regulation.
(5) The Minister may approve or refuse an application under this
section and must inform the operator in writing of the decision.
Sanitation and other requirements
14 The operator of a livestock market shall, with respect to that
livestock market,
(a) provide an area where vehicles used to transport livestock to
the livestock market may be cleaned by removing manure
and bedding,
(b) keep the livestock market free of all litter, refuse and weeds
to the satisfaction of an inspector,
(c) provide an area for the storage of all manure and soiled
bedding in such a manner that livestock cannot have contact
with it,
(d) dispose of all manure and soiled bedding in such a manner
that livestock cannot have contact with it for a minimum of
one year,
(e) provide suitable bedding that is clean, dry and adequate to
meet the needs of the species and age of the livestock using
it,
(f) comply with the requirements of the Disposal of Dead
Animals Regulation respecting the disposal of dead animals,
and
(g) control the fly population to the satisfaction of an inspector.
Cleaning and disinfecting
15(1) An operator must thoroughly clean the areas of the livestock
market that are used by livestock, which includes scraping out or
removing bedding and manure after each sale or assembly of livestock.
(2) An operator must clean the livestock market if ordered to do so by
an inspector.
(3) An operator must thoroughly disinfect the livestock market if
ordered to do so by an inspector.
Prohibition of use of area or structure
16(1) Where, in the opinion of an inspector, any area of or structure in
a livestock market used for holding livestock is unsanitary, not
maintained in good repair or fails to meet the requirements of this
Regulation, the inspector may prohibit the use of that area of or
structure in the livestock market and
(a) direct that no person shall use that area or structure, and
(b) post a notice on that area of or structure in the livestock
market stating the area of or structure in the livestock market
is closed.
(2) Where an inspector has prohibited the use of an area or structure or
posted a notice pursuant to subsection (1), no person shall use that area
of or structure in the livestock market to hold livestock until
(a) the area of or structure in the livestock market is made
sanitary and put in good repair to the satisfaction of an
inspector, and
(b) an inspector has
(i) directed that the use of the area or structure is permitted,
or
(ii) removed the notice referred to in subsection (1).
(3) No person shall remove, modify or destroy a notice posted by an
inspector under this section unless authorized to do so by an inspector.
(4) A person shall comply with a direction of an inspector or a notice
posted by an inspector.
Order to detain livestock
17(1) Where the chief provincial veterinarian or an inspector
appointed under section 6(2) of the Act forms the opinion on
reasonable grounds that
(a) the movement of livestock or a species of livestock within or
to or from a livestock market, or
(b) the conduct of sales or other transactions with respect to
livestock or a species of livestock at a livestock market
constitutes a threat to the health of the animals, the chief provincial
veterinarian or the inspector may order, verbally or in writing, the
operator to detain some or all of the livestock in the livestock market
or restrict the movement of livestock for the purpose of assessing the
threat to the health of livestock and preventing the spread of the
disease.
(2) Where livestock are detained under subsection (1), the chief
provincial veterinarian or an inspector may post in the area of the
livestock market where the livestock are detained a copy of the order
issued under subsection (1) if the order was issued in writing, or a
notice stating livestock must not be removed from the area without
permission from the chief provincial veterinarian.
Order to close
18(1) Where the chief provincial veterinarian forms the opinion on
reasonable grounds that
(a) the movement of livestock or a species of livestock within or
to or from a livestock market, or
(b) the conduct of sales or other transactions with respect to
livestock or a species of livestock at a livestock market
constitutes a threat to the health of the animals, the chief provincial
veterinarian may order, verbally or in writing, the operator to close part
or all of the livestock market or restrict the movement of livestock
until, in the opinion of the chief provincial veterinarian, that health
threat has been removed.
(2) Where a livestock market or a portion of the livestock market is
closed under subsection (1), the chief provincial veterinarian or an
inspector may place at each entrance to the livestock market or part of
the livestock market that has been closed, a copy of the order issued
under subsection (1) if the order was issued in writing, or a notice
stating the livestock market or a part of the livestock market is closed.
Orders or notices
19(1) Where the order or notice referred to in section 17 or 18 is
placed on an entrance to an area or on a structure, only a person
authorized by the chief provincial veterinarian may
(a) remove livestock from that area or structure,
(b) place additional livestock in that area or structure,
(c) enter that area or structure, or
(d) remove, modify or destroy the order or notice.
(2) Every person must comply with an order made or notice referred
to under section 17 or 18.
Misleading statements
20 No operator shall make or require or permit an employee or a
person who is under contract to the operator to make any statement or
representation or publish information in any form that misrepresents or
misleads any person or is likely to misrepresent or mislead any person
with respect to the health or condition of livestock at a livestock
market.
Licences continued
21 A livestock market operator's licence and an assembling station
operator's licence issued under the Livestock Market and Livestock
Assembling Station Operator's Licence Regulation (AR 110/2009)
continues as a livestock market licence under this Regulation until it
would have expired under that Regulation.
Appeal
22 An application for an appeal for the purposes of section 46(1)(c),
(d) or (e) of the Act must be made in the form set out in Schedule 2 to
this Regulation.
Fee not refundable
23(1) Subject to subsection (2), any fee paid under this Regulation is
not refundable.
(2) Where the Minister refuses to issue a licence under section 43.4 of
the Act, the Minister shall return the licence fee to the applicant.
Notice to operator
24 A notice to be given to an operator by the Minister under this
Regulation may be given by personal service or by registered mail
addressed to the most recent mailing address provided by the operator
for the purposes of this Regulation.
Offences
25 A person who contravenes or fails to comply with this Regulation
or with an order, direction or notice issued under this Regulation is
guilty of an offence.
Penalties
26(1) A person who is guilty of an offence under section 25 is liable
(a) for a first offence, to a fine of not more than $15 000 and, in
the case of a continuing offence, to a further fine of not more
than $1000 for each day or part of a day during which the
offence continues after the first day, and
(b) for a 2nd or subsequent offence,
(i) to a fine of not more than $30 000 and, in the case of a
continuing offence, to a further fine of not more than
$2000 for each day or part of a day during which the
offence continues after the first day, or
(ii) to imprisonment for a term not exceeding one year,
or to both fines and imprisonment.
(2) A prosecution under subsection (1) may be commenced within 2
years of the commission of the alleged offence but not afterwards.
Repeal
27 The following regulations are repealed:
(a) Livestock Market and Livestock Assembling Station
Regulation (AR 70/2000);
(b) Livestock Market and Livestock Assembling Station
Operator's Licence Regulation (AR 110/2009);
(c) Livestock Disease Control Regulation (AR 69/2000).
Expiry
28 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
29 This Regulation comes into force on the coming into force of
section 19 of the Animal Health Amendment Act, 2009.
Schedule 1
Application for Livestock Market Licence
Property where livestock
market is located
Qtr
Sec
Twp
Rge
W of
OR
Other legal description
Premises identification number
Livestock market
will be operated by
Name of operator
Operator's premises identification account
Mailing address
Town or city Province Postal code
Phone number Fax number (if available)
Cell phone number (if available) E-mail (if available)
Signature of operator
Date
Person who will be primary contact for the livestock market
during and after business hours
Name of individual
Mailing address
Town or city Province Postal code
Phone number Fax number (if available)
Cell phone number (if available) E-mail (if available)
Signature of operator
Date
Schedule 2
Notice of Appeal
Animal Health Act
(Section 46(1)(c), (d) and (e))
TO: Minister of Agriculture and Rural Development
Legislature Building
10800 97 Avenue
Edmonton, Alberta
T5K 2B6
TAKE NOTICE THAT (name of appellant) of (address of
appellant) wishes to appeal the decision of the Minister, dated
the (day) of (month) , (year) , to:
refuse to issue a licence
suspend a licence
cancel a licence
impose terms and conditions on or vary the terms
and conditions of a licence
A copy of that decision is attached and forms part of this appeal. The
grounds for the appeal are as follows:
(attach additional sheet if necessary)
DATED at ________, Alberta, this _____ day of _______, 20___.
(Signature)
--------------------------------
Alberta Regulation 134/2014
Animal Health Act
SWINE TRACEABILITY REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 256/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
Table of Contents
1 Definitions
2 Application
3 Application of swine identifier
4 Manifests for shipment of swine or deadstock
5 Contents of manifests
6 Shipper's duties respecting manifests
7 Transporter's duties respecting manifests
8 Receiver's duties respecting manifests
9 Retention of manifests
10 Submission of manifests
11 Medicine withdrawal time
12 Prohibitions
13 Offence
14 Repeal
15 Expiry
16 Coming into force
Definitions
1 In this Regulation,
(a) "approved swine identifier" means a form of swine
identification that
(i) meets the requirements of the Health of Animals
Regulations (Canada),
(ii) is assigned by the Corporation to a producer for the
producer's premises pursuant to the Alberta Pork
Producers' Commission Regulation (AR 285/96), or
(iii) is approved by the Minister for the purposes of this
Regulation;
(b) "Corporation" means the commission known as the Alberta
Pork Producers' Development Corporation;
(c) "deadstock" means a swine carcass or part thereof that is not
intended for human ingestion;
(d) "manifest" means a record that meets the requirements of the
Act and this Regulation;
(e) "premises" means a premises as defined in the Premises
Identification Regulation;
(f) "premises identification number" means the premises
identification number assigned by the Minister under the
Premises Identification Regulation;
(g) "producer registration number" means the producer
registration number issued by the Corporation to a registered
producer under the Alberta Pork Producers' Commission
Regulation (AR 285/96);
(h) "receiver" means a person who receives swine or deadstock;
(i) "shipper" means a person who ships swine or deadstock, or
moves swine for the purpose of slaughter within a premises
in which they have been raised;
(j) "swine" means any live member of the species Sus scrofa
that is commonly known as a domestic pig or farmed wild
boar;
(k) "transporter" means a person who transports swine or
deadstock.
Application
2 This Regulation applies
(a) when swine are shipped from one premises to another or
from a premises in Alberta to a destination outside Alberta,
(b) when swine are moved, for the purpose of slaughter, within a
premises in which they have been raised,
(c) when deadstock are shipped from one premises to another or
from a premises in Alberta to a destination outside Alberta,
and
(d) when swine or deadstock are received at a premises in
Alberta from a point of origin outside Alberta.
Application of swine identifier
3(1) A shipper must apply an approved swine identifier or ensure that
an approved swine identifier has been applied to each swine in
accordance with this section before shipping swine or loading swine
for transport to or from
(a) a location where swine are received for slaughter, including,
without limitation, any establishment defined in the Meat
Inspection Act (Canada) and a meat facility as defined in the
Meat Inspection Act (Alberta),
(b) a location where swine are assembled, including, without
limitation, a livestock market, livestock assembling station,
assembly yard or auction market,
(c) a location used for breeding-related activity, including for the
supply of ova, semen or embryos or for artificial
insemination,
(d) a clinic, laboratory, hospital or other location where
veterinary services are provided,
(e) an exhibition or fairground, and
(f) a zoo or petting zoo.
(2) If a receiver receives swine that do not bear an approved swine
identifier, the receiver must apply an approved swine identifier to the
swine before the swine are commingled with other swine in a location
or facility referred to in subsection (1).
(3) For the purposes of subsection (1)(b) to (f) "approved swine
identifier" means a form of swine identification that meets the
requirements of the Health of Animals Regulations (Canada).
(4) For the purposes of subsection (2) "approved swine identifier"
means
(a) when a receiver receives swine for slaughter, a form of swine
identification that is approved by the Minister for the
purposes of this Regulation, and
(b) when a receiver receives swine for a purpose other than
slaughter, a form of swine identification that meets the
requirements of the Health of Animals Regulations (Canada).
Manifests for shipment of swine or deadstock
4(1) Shippers, transporters and receivers must complete a manifest for
(a) each shipment in a vehicle that transports swine or deadstock
where swine or deadstock are loaded and unloaded,
(b) each shipment of swine or deadstock from one premises to
another or from a premises in Alberta to a destination outside
Alberta,
(c) each movement of swine, for the purpose of slaughter within
a premises in which they have been raised, and
(d) when swine or deadstock are received at a premises in
Alberta from a point of origin outside Alberta.
(2) If a transporter stops at more than one premises to load swine or
deadstock onto a vehicle a separate manifest must be completed for the
group or lot of swine or deadstock loaded onto the vehicle from each
premises.
Contents of manifests
5(1) A manifest required by this Regulation in respect of swine must
be in a form acceptable to the Minister and must include the following
information:
(a) for shippers,
(i) the shipper's name;
(ii) a 24-hour telephone number to contact the shipper;
(iii) the shipper's producer registration number, if any;
(iv) the premises identification number of the premises from
which the swine are being shipped;
(v) the swine type;
(vi) the approved swine identifier for the swine where the
shipper is applying the approved swine identifier to the
swine pursuant to section 3;
(vii) the number of swine leaving the premises;
(viii) the name and telephone number of the receiver to whom
the swine will be delivered;
(ix) the premises identification number of the receiver to
whom the swine will be delivered, if known;
(x) if the premises identification number of the receiver is
not known, sufficient information to enable the Minister
to locate the premises where the swine will be received;
(xi) the name of the individual who completes the manifest
on behalf of the shipper;
(xii) the signature of the individual who completes the
manifest referred to in subclause (xi);
(b) for transporters,
(i) the transporter's name;
(ii) the driver's name;
(iii) a 24-hour telephone number to contact the transporter;
(iv) the tractor or vehicle licence number;
(v) the trailer licence number if a trailer is attached to a
vehicle or tractor;
(vi) the number of swine loaded onto the vehicle;
(vii) the time of day, day, month and year the swine leave the
shipper's premises;
(viii) the name of the individual who completes the manifest
on behalf of the transporter;
(ix) the signature of the individual who completes the
manifest referred to in subclause (viii);
(c) for receivers,
(i) the receiver's name;
(ii) a 24-hour telephone number to contact the receiver;
(iii) the receiver's producer registration number, if any;
(iv) the premises identification number of the premises at
which the receiver is receiving swine;
(v) the time of day, day, month and year the swine arrive at
the receiver's premises;
(vi) the approved swine identifier where the receiver is
applying the approved swine identifier to the swine;
(vii) the number of swine that are received by the receiver;
(viii) the name of the individual completing the manifest on
behalf of the receiver;
(ix) the signature of the individual who completes the
manifest referred to in subclause (viii).
(2) A manifest required by this Regulation in respect of deadstock
must be in a form acceptable to the Minister and must include the
following information:
(a) for shippers,
(i) the shipper's name;
(ii) a 24-hour telephone number to contact the shipper;
(iii) the shipper's producer registration number, if any;
(iv) the premises identification number of the premises from
which the deadstock are being shipped;
(v) the name and telephone number of the receiver to whom
the deadstock will be delivered;
(vi) the premises identification number of the receiver to
whom the deadstock will be delivered, if known;
(vii) if the premises identification number of the receiver is
not known, sufficient information to enable the Minister
to locate the premises where the swine will be received;
(viii) the name of the individual who completes the manifest
on behalf of the shipper;
(ix) the signature of the individual who completes the
manifest referred to in subclause (viii);
(b) for transporters,
(i) the transporter's name;
(ii) the driver's name;
(iii) a 24-hour telephone number to contact the transporter;
(iv) the tractor or vehicle licence number;
(v) the trailer licence number if a trailer is attached to a
vehicle or tractor;
(vi) the day, month and year the deadstock are loaded for
transport;
(vii) the name of the individual who completes the manifest
on behalf of the transporter;
(viii) the signature of the individual who completes the
manifest referred to in subclause (vii);
(c) for receivers,
(i) the receiver's name;
(ii) a 24-hour telephone number to contact the receiver;
(iii) the premises identification number of the premises at
which the receiver is receiving deadstock;
(iv) the day, month and year the deadstock are received by
the receiver;
(v) the name of the individual completing the manifest on
behalf of the receiver;
(vi) the signature of the individual who completes the
manifest referred to in subclause (v).
Shipper's duties respecting manifests
6(1) Except as provided in subsection (2), a shipper that is shipping
swine or deadstock must
(a) before the swine or deadstock are loaded onto the vehicle,
complete on a manifest the information described in
(i) section 5(1)(a) in respect of swine, or
(ii) section 5(2)(a) in respect of deadstock,
(b) provide the manifest to the transporter,
(c) retain a copy of the manifest, and
(d) on the request of a transporter or receiver named on the
manifest, provide a copy of the manifest to that transporter or
receiver.
(2) A shipper that is shipping swine or deadstock to a destination
outside Alberta must comply with subsection (1) and, within 48 hours
of shipping the swine or deadstock, submit a copy of the manifest in
accordance with section 10.
Transporter's duties respecting manifests
7 A transporter who is carrying swine or deadstock must
(a) before the swine or deadstock leave the shipper's premises,
complete on the manifest provided by the shipper the
information described in
(i) section 5(1)(b) in respect of swine, or
(ii) section 5(2)(b) in respect of deadstock,
(b) leave a copy of the manifest with the shipper,
(c) carry the manifest with the swine or deadstock to the receiver
identified on the manifest,
(d) provide the manifest to the receiver on delivery of the swine
or deadstock,
(e) retain a copy of the manifest, and
(f) on the request of a shipper or receiver named on the manifest,
provide a copy of the manifest to that shipper or receiver.
Receiver's duties respecting manifests
8(1) A receiver that receives swine or deadstock must, if a manifest is
delivered with the swine or deadstock,
(a) complete on the manifest the information described in
(i) section 5(1)(c) in respect of swine, or
(ii) section 5(2)(c) in respect of deadstock,
(b) provide a copy of the manifest to the transporter,
(c) within 48 hours of receiving the swine or deadstock from the
transporter, submit the manifest in accordance with section
10,
(d) retain a copy of the manifest, and
(e) on the request of a shipper or transporter named on the
manifest, provide a copy of the manifest to that shipper or
transporter.
(2) A receiver that receives swine or deadstock must, if no manifest is
delivered with the swine or deadstock,
(a) record on a manifest,
(i) the shipper's name;
(ii) a telephone number to contact the shipper;
(iii) the premises identification number of the premises from
which the swine were shipped, if known;
(iv) if the premises identification number of the premises
from which the swine are being shipped is not known,
sufficient information to enable the Minister to locate
the premises from which the swine were shipped;
(v) the other information described in section 5(1)(a) or
section 5(2)(a), as applicable, if known;
(vi) the transporter's name and telephone number;
(vii) the information described
(A) in section 5(1)(c) in respect of swine, or
(B) in section 5(2)(c) in respect of deadstock,
(b) provide a copy of the manifest to the transporter,
(c) within 48 hours of receiving the swine or deadstock from the
transporter, submit the manifest in accordance with section
10,
(d) retain a copy of the manifest, and
(e) on the request of a shipper or transporter named on the
manifest, provide a copy of the manifest to that shipper or
transporter.
Retention of manifests
9(1) Shippers and receivers must keep manifests for a period of 5
years.
(2) Transporters must keep manifests for a period of one year.
(3) Shippers, transporters and receivers must, on the direction of the
Minister, provide manifests or records of manifests to the Minister.
Submission of manifests
10 A shipper or receiver who is required to submit a manifest must
send it to the Minister by a means acceptable to the Minister.
Medicine withdrawal time
11 No person shall ship swine for slaughter unless the medicine
withdrawal time has passed for each head of swine included in the
shipment.
Prohibitions
12(1) No person shall create false records or provide false information
for the purposes of this Regulation.
(2) No person shall load swine and deadstock in the same shipment on
the same vehicle.
Offence
13 A person who contravenes or fails to comply with this Regulation
is guilty of an offence.
Repeal
14 The Swine Traceability Regulation (AR 218/2011) is repealed.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2023.
Coming into force
16 This Regulation comes into force on the coming into force of
section 19 of the Animal Health Amendment Act, 2009.
--------------------------------
Alberta Regulation 135/2014
Animal Health Act
TRACEABILITY CATTLE IDENTIFICATION AMENDMENT REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 257/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
1 The Traceability Cattle Identification Regulation
(AR 333/2009) is amended by this Regulation.
2 Section 1(i) is amended by striking out "Traceability
Premises Identification Regulation" and substituting "Premises
Identification Regulation".
3 Section 14 is repealed.
4 Section 15 is amended by striking out "January 31, 2015"
and substituting "January 31, 2017".
5 Section 16 is repealed.
6 This Regulation comes into force on the coming into
force of section 19 of the Animal Health Amendment Act,
2009.
--------------------------------
Alberta Regulation 136/2014
Animal Health Act
TRACEABILITY PREMISES IDENTIFICATION
AMENDMENT REGULATION
Filed: June 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 258/2014)
on June 27, 2014 pursuant to section 69 of the Animal Health Act.
1 The Traceability Premises Identification Regulation
(AR 200/2008) is amended by this Regulation.
2 The title is repealed and the following is substituted:
PREMISES IDENTIFICATION REGULATION
3 Section 1 is amended
(a) by renumbering clause (a) as clause (a.1) and by
adding the following before clause (a.1):
(a) "animal" means the following animals in captivity:
(i) alpacas;
(ii) asses;
(iii) beef cattle;
(iv) bees;
(v) bison;
(vi) cervids;
(vii) dairy cattle;
(viii) donkeys;
(ix) doves;
(x) ducks;
(xi) fish acquired, propagated, reared or kept in
accordance with a class A commercial fish culture
licence or a class B commercial fish culture licence
issued under the Fisheries (Alberta) Act;
(xii) fur-bearing animals as defined in the Fur Farms
Act;
(xiii) geese;
(xiv) goats;
(xv) guinea fowl;
(xvi) horses;
(xvii) llamas;
(xviii) mules;
(xix) peafowl;
(xx) pheasants;
(xxi) pigeons;
(xxii) poultry;
(xxiii) quail;
(xxiv) rabbits raised for the production of meat;
(xxv) ratites;
(xxvi) sheep;
(xxvii) swine;
(xxviii) wild boars;
(xxix) yaks.
(b) in the new clause (a.1) by striking out "and at least one
premises identification number";
(c) by adding the following after clause (a.1):
(a.2) "carcass disposal site" means a disposal site containing
carcasses or parts of carcasses of animals from more
than one owner;
(d) by adding the following after clause (b):
(b.1) "contact information" means mailing address and
telephone number, and if available, cell phone number,
fax number and e-mail address;
(e) by repealing clause (c);
(f) by repealing clause (d);
(g) in clause (e) by striking out "recordable";
(h) in clause (f)
(i) by striking out "number";
(ii) by striking out "a recordable animal" and
substituting "an animal";
(i) in clause (g) by striking out "unique identifying
number" and substituting "unique identifying series of
numbers and letters";
(j) by repealing clause (h).
4 Section 2 is amended
(a) by repealing subsections (1) and (2) and
substituting the following:
Premises identification
2(1) An owner of an animal kept at a premises, other than a
commingling site, must apply for a premises identification
account and must have a premises identification account and at
least one premises identification number in the form and
manner approved by the Minister within 30 days of assuming
ownership of the animal.
(2) An owner of an animal may obtain a premises
identification number for each premises where the owner's
animal may be located.
(b) in subsection (3)
(i) by striking out "premises identification numbers"
and substituting "a premises identification number";
(ii) by striking out "recordable" wherever it occurs;
(c) by adding the following after subsection (3):
(3.1) Subsections (2) and (3) do not apply to operators of
carcass disposal sites and renderers.
(d) by repealing subsections (4) and (5).
5 Section 3 is amended
(a) in subsection (1) by striking out "recordable";
(b) in subsection (2)
(i) by adding the following after clause (n):
(n.1) research facilities,
(ii) by adding the following after clause (q):
(r) zoos.
6 Section 4 is amended
(a) in subsection (1)
(i) by adding the following after clause (b):
(b.1) whether the business is a corporation, partnership
or a sole proprietorship;
(ii) by repealing clause (c) and substituting the
following:
(c) the applicant's contact information during business
hours and after business hours.
(b) by adding the following after subsection (1):
(1.1) Once issued, a premises identification account is not
transferable.
(c) by repealing subsection (2).
7 Section 5 is amended
(a) in subsection (1)
(i) by adding the following after clause (a):
(a.1) the premises identification account number, or
sufficient information to identify the premises
identification account number;
(a.2) the name used by the applicant to refer to the
premises or operation, as applicable;
(ii) by repealing clause (b) and substituting the
following:
(b) the applicant's contact information;
(iii) by adding the following after clause (b):
(b.1) the name and contact information for the
individual who will be the primary contact for the
premises during business hours and after business
hours for emergency and other purposes;
(b.2) the relationship of the applicant to the owner of the
premises on the register of titles under the Land
Titles Act;
(iv) by repealing clause (d);
(v) by repealing clause (e) and substituting the
following:
(e) the location of the premises either by legal land
description, georeferenced coordinates or street
address;
(vi) by repealing clause (f) and substituting the
following:
(f) the type of operation or operations on the
premises;
(vii) by repealing clause (g) and substituting the
following:
(g) the species of animals that will be present on the
premises;
(viii) by repealing clause (h) and substituting the
following:
(h) for each species of animal, the maximum capacity
estimated for the operation on the premises.
(b) by adding the following after subsection (1):
(1.1) Subsection (1)(g) and (h) do not apply where the premises
is a carcass disposal site or a renderer.
(c) by repealing subsection (2).
8 Section 6 is repealed and the following is substituted:
Information
6 The holder of a premises identification account must inform the
Minister of any change in the information provided under section 4
or 5 within 30 days after the change in information occurs including
(a) whether the premises identification account can be closed
because the premises information account holder no longer
owns animals,
(b) whether the premises associated with the premises
identification account has changed,
(c) whether the type of operation associated with the premises
has been discontinued or changed, and if so, the new type of
operation,
(d) whether the species of animals listed for the premises are no
longer on the premises, or
(e) whether new species are located on the premises including
the maximum capacity for that operation on the premises.
9 Section 7 is repealed and the following is substituted:
Offence
7 A person who contravenes this Regulation or fails to comply
with any provision of this Regulation is guilty of an offence.
10 Section 8 is amended by striking out "January 31, 2015"
and substituting "September 30, 2023".
11 This Regulation comes into force on the coming into
force of section 19 of the Animal Health Amendment Act,
2009.